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Special counsel Jack Smith moves to dismiss Trump’s federal criminal cases

Updated Nov 25, 2024, 3:44pm EST
politicsNorth America
Former U.S. President Donald Trump smiles while accompanied by his wife Melania, Lara Trump and son Barron.
Brian Snyder/Reuters
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The News

Special counsel Jack Smith filed motions on Monday to dismiss the federal charges against US President-elect Donald Trump for election interference and mishandling classified documents, noting the Department of Justice policy against prosecuting sitting presidents.

Smith, the prosecutor tasked with leading the Justice Department criminal cases against the president-elect, on Monday asked US District Judge Tanya S. Chutkan to drop the Jan. 6 case, writing in his filing that the DOJ policy is “categorical, and does not turn on the gravity of the crimes charges, the strength of the Government’s proof, or the merits of the prosecution.”

Smith asked that the case be dismissed without prejudice, leaving the door open for Trump to potentially be charged again after leaving office.

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In the classified documents case, Smith asked that all charges be dropped against Trump, but not his two co-defendants.

Trump’s legal problems have gradually faded since his re-election. Aside from his federal cases, the fates of his New York and Georgia state criminal cases are clouded in uncertainty.

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