Special counsel Jack Smith moves to dismiss case against Trump

The classified documents case against Trump will not move forward as he returns to office.

Federal prosecutors have moved to dismiss the classified documents case against President-elect Donald Trump due to long-standing Justice Department policy that shields sitting presidents from criminal prosecution.

The big picture: Prosecutors in both Florida and Washington, D.C. requested to drop the case accusing Trump of plotting to overturn the 2020 election.

  • The decision marks the conclusion of a legal threat that was once considered perilous for Trump and reflects the practical consequences of his victory.
  • Special counsel Jack Smith had been evaluating how to wind down both the classified documents case and a separate prosecution charging Trump with plotting to overturn the election results.
  • Legal opinions dating back decades state that sitting presidents cannot be indicted or prosecuted while in office, leading to the dismissal of the cases against Trump.
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