By ALANNA DURKIN RICHER, ERIC TUCKER and CHRIS MEGERIAN Associated Press
WASHINGTON (AP) — Special counsel Jack Smith moved to abandon two criminal cases against Donald Trump on Monday, acknowledging that Trump’s return to the White House will preclude attempts to federally prosecute him for retaining classified documents or trying to overturn his 2020 election defeat.
The decision was inevitable, since longstanding Justice Department policy says sitting presidents cannot face criminal prosecution. Yet it was still a momentous finale to an unprecedented chapter in political and law enforcement history, as federal officials attempted to hold accountable a former president while he was simultaneously running for another term.
Trump emerges indisputably victorious, having successfully delayed the investigations through legal maneuvers and then winning reelection despite indictments that described his actions as a threat to the country’s constitutional foundations.
“I persevered, against all odds, and WON,” Trump exulted in a post on Truth Social, his social media website.
He also said that “these cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought.”
The judge in the election case granted prosecutors’ dismissal request. A decision in the documents case was still pending on Monday evening.
The outcome makes it clear that, when it comes to a president and criminal accusations, nothing supersedes the voters’ own verdict. In court filings, Smith’s team emphasized that the move to end their prosecutions was not a reflection of the merit of the cases but a recognition of the legal shield that surrounds any commander in chief.
“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” prosecutors said in one of their filings.
They wrote that Trump’s return to the White House “sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities . . . and on the other hand, the Nation’s commitment to the rule of law.”
In this situation, “the Constitution requires that this case be dismissed before the defendant is inaugurated,” they concluded.
Smith’s team said it was leaving intact charges against two co-defendants in the classified documents case — Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira — because “no principle of temporary immunity applies to them.”
Steven Cheung, Trump’s incoming White House communications director, said Americans “want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
Trump has long described the investigations as politically motivated, and he has vowed to fire Smith as soon as he takes office in January. Now he will start his second term free from criminal scrutiny by the government that he will lead.
The election case brought last year was once seen as one of the most serious legal threats facing Trump as he tried to reclaim the White House. He was indicted for plotting to overturn his defeat to Joe Biden in 2020, an effort that climaxed with his supporters’ violent attack on the U.S. Capitol on Jan. 6, 2021.
But the case quickly stalled amid legal fighting over Trump’s sweeping claims of immunity from prosecution for acts he took while in the White House.
The U.S. Supreme Court in July ruled for the first time that former presidents have broad immunity from prosecution, and sent the case back to U.S. District Judge Tanya Chutkan to determine which allegations in the indictment, if any, could proceed to trial.
The case was just beginning to pick up steam again in the trial court in the weeks leading up to this year’s election. Smith’s team in October filed a lengthy brief laying out new evidence it planned to use against him at trial, accusing him of “resorting to crimes” in an increasingly desperate effort to overturn the will of voters after he lost to Biden.
In dismissing the case, Chutkan acknowledged prosecutors’ request to do so “without prejudice,” raising the possibility that they could try to bring charges against Trump when his term is over. She wrote that is “consistent with the Government’s understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office.”
But such a move may be barred by the statute of limitations, and Trump may also try to pardon himself while in office.
The separate case involving classified documents had been widely seen as legally clear cut, especially because the conduct in question occurred after Trump left the White House and lost the powers of the presidency.
The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing federal efforts to get them back. He has pleaded not guilty and denied wrongdoing.
The case quickly became snarled by delays, with U.S. District Judge Aileen Cannon slow to issue rulings — which favored Trump’s strategy of pushing off deadlines in all his criminal cases — while also entertaining defense motions and arguments that experts said other judges would have dispensed with without hearings.
In May, she indefinitely canceled the trial date amid a series of unresolved legal issues before dismissing the case outright two months later. Smith’s team appealed the decision, but now has given up that effort.
Trump faced two other state prosecutions while running for president. One of them, a New York case involving hush money payments, resulted in a conviction on felony charges of falsifying business records. It was the first time a former president had been found guilty of a crime.
The sentencing in that case is on hold as Trump’s lawyers try to have the conviction dismissed before he takes office, arguing that letting the verdict stand will interfere with his presidential transition and duties.
Manhattan District Attorney Alvin Bragg’s office is fighting the dismissal but has indicated that it would be open to delaying sentencing until Trump leaves office. Bragg, a Democrat, has said the solution needs to balance the obligations of the presidency with “the sanctity of the jury verdict.”
Trump was also indicted in Georgia along with 18 others accused of participating in a sprawling scheme to illegally overturn the 2020 presidential election there.
Any trial appears unlikely there while Trump holds office. The prosecution already was on hold after an appeals court agreed to review whether to remove Fulton County District Attorney Fani Willis over her romantic relationship with the special prosecutor she had hired to lead the case.
Four defendants have pleaded guilty after reaching deals with prosecutors. Trump and the others have pleaded not guilty.
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Associated Press writers Colleen Long, Michael Sisak and Lindsay Whitehurst contributed to this story.