WASHINGTON: US prosecutors on Monday asked a US judge to dismiss the criminal case accusing President-elect Donald Trump of trying to overturn his 2020 election loss, citing his imminent return to the presidency following his successful 2024 campaign.
Prosecutors working with special counsel Jack Smith cited a long-standing policy of the U.S. Department of Justice that sitting presidents should not face criminal prosecution.
The move represents a notable shift from the special counsel who obtained indictments against Trump in two separate cases, accusing him of crimes that threatened election integrity and U.S. national security.
It shows how Trump's electoral victory over Democratic Vice President Kamala Harris was not only a political triumph, but also a legal one.
Trump pleaded not guilty in August 2023 to four federal charges accusing the Republican of conspiring to obstruct the collection and certification of votes following his 2020 loss to Democrat Joe Biden.
Trump, who as president will again oversee the Justice Department, was expected to order an end to the case over the 2020 federal election and an attempt by Smith to revive a second case accusing Trump of illegally withholding classified documents after leaving office. position in 2021.
Justice Department policy, dating back to the 1970s, holds that a criminal prosecution of a sitting president would violate the U.S. Constitution by undermining the nation's chief executive's ability to function.
U.S. District Judge Tanya Chutkan will still have to approve prosecutors' request.
Trump's lawyers had previously said they would seek to dismiss the charges based on a US Supreme Court ruling in July that former presidents have broad immunity from prosecution for official actions taken while in the White House.
Smith attempted to salvage the case after the high court ruling, dropping some charges but arguing that the rest were not covered by presidential immunity and could proceed to trial.
Chutkan was to decide whether the immunity ruling required other parts of the case to be dismissed. A trial date had not been set.
The case followed an investigation led by Smith into Trump's attempts to remain in power following his 2020 election loss, which culminated in the Jan. 6, 2021, attack on the U.S. Capitol by a mob of his supporters. supporters after a fiery speech by Trump near the White House.
Trump denied any wrongdoing and argued that the American legal system had turned against him to damage his presidential campaign.
He promised during the campaign that he would fire Smith if he returned to the presidency.
