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Special counsel moves to abandon Trump’s election interference, classified documents cases

Jack Smith said Trump’s return as president will preclude bids to prosecute him for retaining documents or trying to overturn 2020 election

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Donald Trump rallies supporters from The Ellipse near the White House in Washington on January 6, 2021. Photo: AFP

Special counsel Jack Smith moved to abandon two criminal cases against Donald Trump on Monday, acknowledging that Trump’s return to the White House will preclude attempts to federally prosecute him for retaining classified documents or trying to overturn his 2020 election defeat.

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The decision was inevitable, since long-standing Justice Department policy says sitting presidents cannot face criminal prosecution.

Yet it was still a momentous finale to an unprecedented chapter in political and police history, as federal officials attempted to hold accountable a former president while he was simultaneously running for another term.

I persevered, against all odds, and WON. These cases ... are empty and lawless, and should never have been brought
US president-elect Donald Trump

Trump emerges indisputably victorious, having successfully delayed the investigations through legal manoeuvres and then winning re-election despite indictments that described his actions as a threat to the country’s constitutional foundations.

“I persevered, against all odds, and WON,” Trump exulted in a post on his social media website.

He also said that “these cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought”.

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The judge in the election case granted prosecutors’ dismissal request. A decision in the documents case was still pending on Monday afternoon.

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