Special prosecutor Jack Smith, who filed two criminal cases
against Donald Trump, the US president-elect, has asked the judge to drop both
of them.
A court filing on Monday by the department of justice cited
constitutional protections for sitting presidents, ensuring Trump faces no
prosecution before taking office on January 20 next year.
“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,” the filing reads.
“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 development means that Trump will not be called to
answer for any wrongdoing before his inauguration.
“This outcome is not based on the merits or strength of the
case against the defendant,” Smith added in the six-page filing.
A judge must sign off on both decisions for them to be
officially dismissed. Smith requested both cases be dismissed “without
prejudice,” meaning the charges could be refiled after Trump finishes his
second term.
The cases against the US president-elect were the 2020 election
subversion accusations and the mishandling of classified documents.
The election case was once seen as one of the most serious
legal threats against Trump as he battled to reclaim the White House.
However, the businessman tactically sidestepped the
indictment without sinking his presidential bid, using political play to beat
the legal system.
Trump said he would fire Smith once he returns to the
office, shattering previous norms around special counsel investigations.
Smith has reportedly said he plans to step down next year.
In a statement, Trump’s team said the move to end the cases
was “a major victory for the rule of law”.
Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on Areatatafo.com.ng to reach thousands of our daily users
