Federal judge dismisses criminal case against Trump citing Justice Department policy

A U.S. federal judge has dismissed criminal charges against President-elect Donald Trump relating to alleged attempts to overturn his 2020 election defeat.

The decision, issued on 20 November 2023 by U.S. District Judge Tanya Chutkan, also ends a separate prosecution over Trump’s retention of classified documents.

The dismissals followed motions from Special Counsel Jack Smith on Monday (25 Nov), who cited a longstanding Justice Department policy against prosecuting a sitting president.

The Justice Department policy, dating back to the 1970s, asserts that prosecuting a sitting president would impede the executive’s ability to govern, a potential violation of constitutional principles.

Prosecutors stated that while the decision was not based on the strength of the evidence, the cases had to be dropped before Trump assumes office on 20 January 2024.

Election subversion and documents cases dismissed

The dismissed cases are significant milestones in Trump’s extensive legal battles.

In the election subversion case, Trump was accused of conspiring to obstruct the certification of votes following his loss to Joe Biden in 2020.

Prosecutors had previously argued that Trump’s actions culminated in the 6 January 2021 attack on the U.S. Capitol. Trump had pleaded not guilty to all charges in August 2023.

In the classified documents case, Trump was charged with retaining sensitive materials after leaving office in 2021.

While Florida-based Judge Aileen Cannon dismissed the case in July 2023, ruling that Special Counsel Smith was improperly appointed, Smith had appealed this decision.

The appeal will now continue only for Trump’s associates, Walt Nauta and Carlos De Oliveira, who face charges of obstructing the investigation. Both have pleaded not guilty.

Legal and political implications

The dismissals represent a significant legal victory for Trump, who had faced criminal charges in four cases, including two in state courts.

A spokesman for Trump hailed the move as a “major victory for the rule of law.” However, critics contend the decisions raise complex questions about presidential accountability.

Special Counsel Smith acknowledged the unprecedented challenges of prosecuting a sitting president, noting the Justice Department’s policy and the unique constitutional issues at play.

Prosecutors left open the possibility of renewing the charges after Trump leaves office, but the delay could complicate future efforts to hold Trump accountable.

In the 2020 election subversion case, Trump’s legal team had previously cited a U.S. Supreme Court ruling granting former presidents immunity for actions taken during their tenure.

Trump has consistently denied wrongdoing, claiming the legal cases against him were politically motivated efforts to undermine his presidential campaign.

Broader legal context

Trump’s legal challenges remain multifaceted. In Georgia, a state case concerning alleged efforts to overturn the 2020 election is stalled.

Meanwhile, Trump was convicted in May 2023 in a separate New York case involving felony charges related to hush money payments. That sentencing has been indefinitely postponed.

These developments occur against the backdrop of Trump’s upcoming presidency.

Observers have noted the potential for Trump to leverage his executive powers to halt federal investigations, including possibly terminating Special Counsel Smith. During his campaign, Trump vowed to dismiss Smith upon re-entering office.

As the president-elect prepares to assume the presidency on 20 January, questions linger about the legal precedents set by dismissing these high-profile cases and the future of unresolved investigations.