CASE DROPPED
Donald Trump’s January 6 charges ‘to be dropped’ as prosecutor files motion to dismiss case against President-elect
The special counsel also asked a judge to dismiss the classified documents case against Trump in Florida
DONALD Trump's January 6 criminal charges are set to be dropped after a prosecutor filed a motion to dismiss the case.
The president-elect was first indicted on four felony counts in 2023 after allegedly orchestrating a "criminal scheme" to try to overturn the results of the 2020 election.
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The charges included conspiracy to defraud the US, conspiracy to obstruct an official proceeding, obstruction of and an attempt to obstruct an official proceeding and conspiracy against rights.
But Jack Smith, the special prosecutor who brought the criminal case against Trump, has asked to have the charges dropped.
He cited a Justice Department policy that shields presidents from prosecution while in office.
Smith's team wrote in the legal filing: "It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President."
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"As a result this prosecution must be dismissed before the defendant is inaugurated," Smith added.
"This outcome is not based on the merits or strength of the case against the defendant."
Judge Tanya Chutkan swiftly dismissed the case "without prejudice" - meaning the government could refile the charges after Trump leaves office.
She said: "Dismissal without prejudice is... consistent with the government's understanding that the immunity afforded to a sitting president is temporary, expiring when they leave office."
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For now, it marks an end of the Justice Department's landmark effort to hold 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.
The decision was expected after 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 Trump's victory over Vice President Kamala Harris.
'Petty' prosecutor left with 'egg on face' after Trump's win but still trying to make 'mockery' of system, lawyers warn
Trump has blasted both cases as politically motivated and pleaded not guilty to all four counts.
He had also vowed to fire Smith as soon as he took office in January.
Soon after the announcement, the Trump campaign said: "Today's decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law."
Vice-President-elect JD Vance said the prosecutions were "always political".
He said: "If Donald J. Trump had lost an election, he may very well have spent the rest of his life in prison."
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 Judge Chutkan.
The case was just beginning to pick up steam again in the weeks leading up to this year's election.
Smith's team in October filed a lengthy brief 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 of voters after he lost to President Joe Biden.
The special counsel also asked a judge to dismiss the classified documents case against Trump in Florida shortly after the first DOJ announcement was made in Washington, DC.
In June 2023, a federal grand jury in Miami indicted Trump for taking classified defence documents from the White House after leaving office in January 2021.
Some of these documents were allegedly found in his Mar-a-Lago home in Florida.
January 6 2021 timeline: What happened at the Capitol Riots?
12:00 pm: Former President Donald Trump speaks to his supporters at a rally in the vicinity of the White House in Washington, DC
1:00 pm: Protesters begin to storm the police barrier surrounding the Capitol building
2:00 pm: Protesters begin to storm the police barrier surrounding the Capitol building. Secret Service begins to remove politicians from the Senate and House floors.
3:00 pm: Rioters officially break into the Senate chamber, many posting selfies and videos from the inside. Others break into offices in the Capitol building, destroying property.
4:00 pm: President Joe Biden addresses the nation.
6:00 pm: The mayor of Washington DC, Muriel Bowser, places the city on a 12-hour lockdown.
7.00 pm: Social media sites begin removing Trump's posts from the day. Trump is later banned from Facebook.
8:00 pm: The Senate is called back into session by Mike Pence.
9:00 pm: The House is called back into session by Nancy Pelosi.
11:00 pm: The House and Senate resume their joint session around 11:30 pm.
3:42 am on January 7: Biden is officially confirmed as winning the election, and is declared the 46th President of the United States.
Prosecutors accused Trump of resisting the government's efforts to try to recover the documents.
However, a US district judge dismissed the case on July 15, ruling that the appointment of Special Council Jack Smith violated the Constitution.
It comes just days after Trump's sentencing in his hush-money case was cancelled indefinitely, removing another major legal hurdle for the president-elect.
Sentencing was originally scheduled for November 26 but has now been delayed indefinitely, with no new potential sentencing date on the calendar.
Judge Juan Merchan announced the adjournment in a letter on Friday morning.
In May, Trump was found guilty of 34 counts of falsifying business records to conceal a hush-money deal his former fixer made with adult movie actress Stormy Daniels to cover up an alleged affair ahead of the 2016 election.
Trump has repeatedly denied the allegations.
The halting of Trump's sentencing gives his legal team time to prepare their case that his election victory means his felony convictions should be thrown out completely.
Trump's team must submit their additional papers by December 2.
His spokesperson Steven Cheung called the sentencing delay a "decisive win."
STORM BREWING
The New York hush money case stemmed from a $130,000 payment made by Trump's former lawyer Michael Cohen to adult film star Stormy Daniels.
She had claimed that Trump and she had a sexual encounter in the 2000s, something he denies.
The money was to pay for Daniels' silence ahead of the 2016 election.
A Manhattan jury found Trump guilty of falsifying business records to cover up his reimbursement of Cohen.
In May, Trump became the first US president - former or sitting - to be charged or convicted of a criminal offence.
Trump pleaded not guilty and portrayed Bragg's actions as a politically motivated witch hunt, targeted to interfere with his 2024 presidential campaign.
If sentenced, Trump could have faced up to four years in prison for falsification of business records.
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However, before the election, experts said that it was unlikely Trump would be jailed, with a fine or probation a more likely punishment.
Trump's victory in November's election over Kamala Harris made the prospect of prison or probation even trickier, as it could impede his ability to carry out the president's duties.
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