Donald Trump’s criminal charges dismissed – Why he cannot be prosecute

Federal prosecutors have decided to drop the criminal charges against President-elect Donald Trump, which alleged that he conspired to overturn the 2020 election. They also chose to dismiss the case concerning classified documents. This decision is based on a longstanding Justice Department policy that states that sitting presidents cannot be prosecuted.

Special counsel Jack Smith, who had been adamant about holding Mr. Trump accountable for his attempts to undermine the 2020 election, announced a decision that marked the conclusion of federal efforts against the former president. This came on the heels of his recent election victory, despite the ongoing election-related cases and a slew of other unrelated criminal charges he faces.

The move, announced in court papers, marks the end of the Justice Department’s landmark effort to hold Mr Trump accountable for what prosecutors called a criminal conspiracy to cling to power in the run-up to his supporters’ attack on the US Capitol on January 6 2021.

In court papers, prosecutors said the Justice Department’s position “is that the Constitution requires this case be dismissed before the defendant is inaugurated”.

Mr Smith’s team emphasised that the move to abandon the prosecutions in federal courts in Washington and Florida did not reflect their view on the merits of the cases but rather their commitment to longstanding department policy.

“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,” the prosecutors wrote in Monday’s court filing in the election interference case.

The decision was expected after Mr Smith’s team began assessing how to wind down both the 2020 election interference case and the separate classified documents case in the wake of Mr Trump’s victory over Vice President Kamala Harris.

The Justice Department believes Trump can no longer be tried in accordance with longstanding policy that says sitting presidents cannot be prosecuted.

Mr Trump has cast both cases as politically motivated and has vowed to fire Mr Smith as soon as he takes office in January.

President-elect Donald Trump will be sworn in as the 47th president of the United States on January 20 (Brandon Bell/Pool via AP)
The 2020 election case brought last year was once seen as one of the most serious legal threats facing the Republican as he vied to reclaim the White House.

However, it quickly stalled amid legal fighting over Mr Trump’s sweeping claims of immunity from prosecution for acts he took while in the White House.

The US Supreme Court in July ruled for the first time that former presidents have broad immunity from prosecution, and sent the case back to US 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.

Mr Smith’s team filed a lengthy brief in October laying out new evidence they planned to use against him at trial, accusing him of “resorting to crimes” in an increasingly desperate effort to overturn the will over voters after he lost to President Joe Biden.