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Jack Smith drops election interference charges and classified documents case against Donald Trump – live


Prosecutors dismiss case against Trump over efforts to overturn 2020 election

Hugo Lowell

Hugo Lowell

Special counsel prosecutors dismissed the criminal case against Donald Trump over his efforts to overturn the 2020 election, according to a court filing Monday, as they bowed to the reality that it would not be completed or proceed to trial before Trump returns to the presidency next year.

The withdrawal in the case marked the end of the years-long legal battle between Trump and the special counsel, Jack Smith, and reflected the extraordinary ability of Trump to sidestep an indictment that would have sunk the presidential bid of anyone else.

Trump’s election victory was always going to spell the end of the criminal cases against him due to justice department policy that prohibits prosecutors from taking criminal action against a sitting president. But the preemptive withdrawals showed how Trump used politics to beat the legal system.

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Key events

While the case involving classified documents case will be dropped against Donald Trump, prosecutors say they will continue to pursue the case against two of his employees.

According to CNN, special counsel Jack Smith said that while he is dropping the prosecution of Trump for allegedly mishandling classified documents, prosecutors will proceed with the case against two of his employees – Walt Nauta and Carlos de Oliveira – who are co-defendants in the case.

Both individuals, who work for Trump, are accused of assisting the former president in obstructing the federal investigation into sensitive government documents.

CNN noted that the case is now before the 11th US circuit court of appeals, which is reviewing a judge’s order dismissing all charges.

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Vice-president-elect JD Vance has responded to the news that prosecutors have dropped election interference charges and the classified documents case against Donald Trump.

“If Donald J. Trump had lost an election, he may very well have spent the rest of his life in prison,” Vance wrote. “These prosecutions were always political.”

He continued: “Now it’s time to ensure what happened to President Trump never happens in this country again.”

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Trump team responds to dismissed cases

In statement, Steven Cheung, the communications director for the president-elect, 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.

“The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country,” he added.

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Prosecutors also dropping classified documents case against Trump

Federal prosecutors have also moved today to abandon the classified documents case against Donald Trump, similarly to the election interference case, in light of longstanding justice department policy that says sitting presidents cannot face criminal prosecution – even though Trump has not yet been inaugurated.

The announcement in an appeals court filing in Florida came shortly after the similar filing was made by prosecutors in Washington DC, where they asked to dismiss the case accusing Trump of plotting to overturn the 2020 election, the Associated Press reports.

The move amounts to a predictable but nonetheless stunning conclusion to a criminal case that just one year ago had been seen as the most perilous legal threat that he faced. It reflects the practical consequences of Trump’s electoral victory, ensuring he enters office free from scrutiny over his hoarding of top secret documents at his Mar-a-Lago residence in Florida after leaving office in January 2021 – conduct that prosecutors said had jeopardized national scrutiny.

The dismissal had been foreshadowed in recent weeks by the revelation that special counsel Jack Smith was evaluating how to wind down both that case and a separate pending prosecution he brought charging Trump with plotting to overturn the results of the 2020 election.

Justice department legal opinions dating back decades say sitting presidents cannot be indicted or prosecuted while in office and the government’s filings today indicate that, although unprecedented, they have decided this also applies to a president-elect who was charged while still a private citizen.

This partially redacted image from a court filing by the Department of Justice shows a photo of documents seized during the 8 August 2022 FBI search of Donald Trump’s Mar-a-Lago estate. Photograph: AP
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Smith still agrees with Trump’s prosecution

The government’s motion to dismiss the election interference case against Donald Trump also says that the prohibition on cases going forward against the president-elect “is categorical” but notes that it “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”.

It adds, “based on the department’s interpretation of the Constitution, the Government moves for dismissal without prejudice”, and says that the government has conferred with Trump’s defense lawyers and they do “not object to this motion”.

A grand jury in Washington DC decided in August 2023 that there was cause to indict Trump, “charging the defendant with four felony offenses in connection with his efforts to interfere with Congress’s certification of the 2020 presidential election and the lawful transfer of presidential power”.

From the moment Joe Biden’s victory was declared in November 2020, Trump made both legal and vocal challenges to the result and declared it fraudulent. Then, on January 6, 2021, the day that both houses of Congress were due to meet to certify the results, Trump held a rally urging supporters to “fight” against the result, after which thousands from the crowd went from the White House to the US Capitol and some fought with police and broke in, in a violent assault.

Lawmakers were evacuated as the mob took over the halls, offices and House chamber, but many hours later a shaken congress convened in the early hours of January 7 and belatedly certified Biden’s victory. Trump was impeached for inciting insurrection but cleared by the Senate.

Protesters storm the US Capitol on January 6, 2021. Photograph: John Minchillo/AP
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The filing then goes on to say that Jack Smith’s office consulted with the justice department’s office of legal counsel “whose interpretation of constitutional questions such as those raised here is binding” on department prosecutors, which is what Smith, as special counsel, is.

It notes that, essentially after “special consideration” precedent relating to sitting presidents applies here, even though Trump is only president-elect and will not be inaugurated until 20 January 2025, when Biden, having metaphorically taken the keys to the White House from Trump four years ago, will hand them back.

“As a result, this prosecution must be dismissed before the defendant inaugurated.”

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The government points out in its filing the motion to dismiss the election interference case against Donald Trump: “It has long been the position of the Department of Justice that the United States Constitution forbids the criminal indictment and subsequent federal prosecution of a sitting President.”

It notes that American society has never faced the situation before where a private citizen (as Trump became after he left the White House on 20 January 2020 and Joe Biden was inaugurated as the 46th president) has been indicted and a prosecution is underway “when the defendant is elected president”.

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Prosecutors dismiss case against Trump over efforts to overturn 2020 election

Hugo Lowell

Hugo Lowell

Special counsel prosecutors dismissed the criminal case against Donald Trump over his efforts to overturn the 2020 election, according to a court filing Monday, as they bowed to the reality that it would not be completed or proceed to trial before Trump returns to the presidency next year.

The withdrawal in the case marked the end of the years-long legal battle between Trump and the special counsel, Jack Smith, and reflected the extraordinary ability of Trump to sidestep an indictment that would have sunk the presidential bid of anyone else.

Trump’s election victory was always going to spell the end of the criminal cases against him due to justice department policy that prohibits prosecutors from taking criminal action against a sitting president. But the preemptive withdrawals showed how Trump used politics to beat the legal system.

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In a court filing, Smith says he and his team were faced with the unprecedented situation of the impending criminal prosecution of a sitting president being forbidden.

The document says: “After careful consideration, the Department has determined … this prosecution must be dismissed before the defendant is inaugurated.”

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Jack Smith files motion to drop election interference charges against Trump

Special counsel Jack Smith has filed a motion to drop all charges against Donald Trump in the federal election interference case against the president-elect.

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Interim summary

If you’re just joining us now, here is a recap of what has happened today so far:

  • Congresswoman Marjorie Taylor Greene has said that leaders of so-called “sanctuary cities” should have to explain why they deserve federal funding and warned that they could lose their funding. Greene, who has been tapped to lead a subcommittee called the Department of Government Efficiency (DOGE) under Elon Musk and Vivek Ramaswamy, told Fox News she wants to question officials on whether they’re using federal funds to “harbor illegal criminal aliens”. When asked whether such cities and states would lose federal funding, Greene said: “If they use their police officers and resources to harbor and protect illegal criminal aliens, then absolutely.” So-called “sanctuary” cities are places around the country that don’t cooperate with the federal government on enforcing harsh immigration policies.

  • Trump’s pick for the Pentagon, Pete Hegseth, faces renewed scrutiny over sexual assault allegations as Republican lawmakers are reportedly uncomfortable after a number of claims have surfaced.

  • The concerns come as Hegseth was also revealed to have criticized several key US alliances, including Nato, as well as allied countries such as Turkey and international institutions such as the UN, and has said that US troops should not be bound by the Geneva conventions.

  • Corey Lewandowski, an adviser to Donald Trump, said that he and the president-elect have “no concerns at all” regarding Pete Hegseth’s confirmation by the Senate as the next US secretary of defense. During an appearance on NewsMax, Lewandowski was asked if Trump had any concerns about Hegseth and his nomination, to which Lewandowski responded: “We have no concerns at all.”

  • The identities of private donors funding Donald Trump’s presidential transition are being kept secret, in a break with precedent, that is obscuring which groups, businesses or wealthy individuals are supporting his second presidential launch.

  • Rand Paul, a Republican senator of Kentucky, has criticized Donald Trump’s proposed use of the US military to conduct mass deportations of immigrants when he returns to the White House. While Paul still supports Trump’s plans to expel millions of immigrants from the US, the lawmaker has opposed using the US military to do so, arguing that law enforcement would be better suited.

  • Gavin Newsom, California governor, has announced that the state may offer state tax rebates for electric vehicle purchases if the incoming Trump administration cuts the federal tax credit for electric vehicles. In a statement on Monday, Newsom said that if the Trump administration eliminates the federal tax credit for electric vehicles he would propose creating a new version of the state’s Clean Vehicle Rebate Program, phased out in 2023, which funded 594,000 cars and saved over 456m gallons of fuel.

  • Joe Biden has pardoned his final White House turkeys. The president pardoned two turkeys from Minnesota, Peach and Blossom, named after the Delaware state flower, the Peach blossom, which symbolizes resilience, Biden said. After pardoning the turkeys, Biden said: “It’s my last time to speak here as your president during the season and give thanks and gratitude, so let me say to you, it’s been the honor of my life, I’m forever grateful.”

  • In a post on Truth Social, Trump endorsed Jimmy Patronis for Florida’s first congressional district, which was previously held by former representative Matt Gaetz. Gaetz said he wouldn’t take his seat after being nominated as attorney general – later pulling out of the process amid concerns over sexual misconduct claims.

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The White House national security spokesperson, John Kirby, says conversations on a Lebanon-Israel ceasefire are positive and going in the right direction, according to Reuters.

“We’re close,” he reportedly said.

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Damian Williams, the United States attorney for the southern district of New York, has announced that he would resign on 13 December, about a month before Donald Trump’s inauguration.

In statement on Monday, Williams said that the decision was “bittersweet” adding that “it is bitter in the sense that I am leaving my dream job, leading an institution I love that is filled with the finest public servants in the world” and that “it is sweet in that I am confident I am leaving at a time when the Office is functioning at an incredibly high level – upholding and exceeding its already high standard of excellence, integrity, and independence”.

He continued: “That success is due to the career attorneys, staff members, and law enforcement agents of this Office. Working with them during my tenure has been a privilege of a lifetime. They are worthy custodians of this Office’s tradition of doing the right thing, the right way, for the right reasons. They are patriots. They are my family. And I will miss them dearly.”

Edward Kim, currently serving as Williams’s deputy, will take over on an acting basis as US attorney for the southern district of New York, according to the announcement.

Earlier this month, Trump said he would nominate former Securities and Exchange Commission chair Jay Clayton for the position.

The position requires confirmation by the US Senate.

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Donald Trump endorses Jimmy Patronis to fill Matt Gaetz’s congressional seat

In a post on Truth Social, the president-elect endorsed Jimmy Patronis for Florida’s tfirst congressional district, which was previously held by former representative Matt Gaetz.

Trump wrote:

Jimmy Patronis, Chief Financial Officer for the Great State of Florida, has done a tremendous job as CFO, where he also serves as the State’s Fire Marshall, and as an important member of the Florida Cabinet. I hear that Jimmy is now considering launching a Campaign for Congress in Florida’s 1st Congressional District!”

A fourth generation Floridian from the beautiful Panhandle, and owner of an iconic seafood restaurant, Jimmy has been a wonderful friend to me, and to MAGA. As your next Congressman, Jimmy would work tirelessly alongside of me to Grow our Economy, Secure our Border, Stop Migrant Crime, Strengthen our Incredible Military/Vets, Restore American Energy DOMINANCE, and Defend our always under siege Second Amendment.

Should he decide to enter this Race, Jimmy Patronis has my Complete and Total Endorsement. RUN, JIMMY, RUN!

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