Federal judge dismisses Jan. 6 case against Donald Trump at request of special counsel Jack Smith
WASHINGTON – A federal judge dismissed charges Monday against President-elect Donald Trump for allegedly trying to steal the 2020 election , at the request of Department of Justice special counsel Jack Smith.
U.S. District Judge Tanya Chutkan agreed to the request and ruled with Trump's lawyers agreeing that "there is no indication that the dismissal is 'part of a scheme of ‘prosecutorial harassment' or otherwise improper."
The request was expected after Smith asked Chutkan to halt all deadlines in the case. Longstanding department policy bars prosecuting sitting presidents, so Smith was expected to wind down both federal cases against Trump after he won the Nov. 5 election .
"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," Smith wrote in his six-page filing. "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."
More: Judge halts action in Trump election case as prosecutors look to drop charges
Trump spokesperson Steven Cheung said the American people demanded an end to the weaponization of the DOJ, as reflected in Trump's election victory.
"Today's decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law," Cheung said.
Smith also dropped his appeal of the dismissal of charges that Trump mishandled classified documents after leaving the White House at the end of his first term.
U.S. District Judge Aileen Cannon dismissed the charges by ruling Smith was appointed illegitimately. Smith appealed the decision to the 11th U.S. Circuit Court of Appeals but withdrew the appeal Monday.
Sen. JD Vance , R-Ohio, the vice president-elect, said if Trump had lost the election he might have spent the rest of his life behind bars.
"These prosecutions were always political," Vance said on social media . "Now it's time to ensure what happened to President Trump never happens in this country again."
The election interference charges had accused Trump of conspiracy for urging state lawmakers to replace presidential electors with Republicans despite Democrat Joe Biden's victories in those states. Trump was also charged with obstruction of Congress for encouraging supporters to protest at the Capitol on Jan. 6, 2021, when lawmakers were counting Electoral College votes to certify Biden’s victory − leading to a pro-Trump riot.
Chutkan was weighing whether Trump was immune from the federal charges under a Supreme Court ruling in July. The high court decided former presidents are presumed shielded from criminal charges for official acts in office but vulnerable to charges for private acts.
Trump argued he was acting in his official role when he urged then-Vice President Mike Pence to reject Democratic electors from key states and replace them with GOP electors, and when he encouraged federal and state officials to pursue baseless claims of election fraud. But Smith has argued he was acting privately for his own benefit through electioneering to remain in office.
What happens to the other criminal cases against Trump?
Trump still faces uncertainty about two state-level cases in New York and Georgia, but neither is expected to interfere with his presidency. Smith wrote in a footnote to his filing that his reasoning for dropping both cases stemmed from opinions from the department's Office of Legal Counsel from 1973 and 2000 that address only federal cases.
In New York, Judge Juan Merchan has postponed sentencing indefinitely for Trump’s conviction on 34 counts of falsifying business records to cover up hush money payments to a porn actress .
Manhattan District Attorney Alvin Bragg asked Merchan to postpone sentencing until after Trump’s presidential term is completed. But legal experts have said that could violate Trump’s right to a speedy trial. Trump’s lawyers have asked Merchan to dismiss the convictions entirely.
In Georgia, the Court of Appeals canceled its scheduled hearing on Dec. 5 for Trump’s argument that Fulton County District Attorney Fani Willis should be removed from the case because of her romantic relationship with another prosecutor.
Fulton County Superior Judge Scott McAfee hasn’t set a trial date in that case while awaiting the appeals decision. But McAfee is not expected to hold a trial for Trump while he serves in the White House.
(This story was updated to add new information and video. )
This article originally appeared on USA TODAY: Judge closes Jan. 6 case against Donald Trump at prosecutor's request
