Justice Department Moves to Drop Trump Prosecutions in Washington and Florida

The US Justice Department has moved to end its pursuit of criminal charges against Donald Trump, signaling a conclusion to the extraordinary federal prosecution of a former president whose reelection ensured he’d be shielded from charges in the White House. Special Counsel Jack Smith, who charged Trump with illegally conspiring to obstruct the 2020 election and with mishandling sensitive national security information after he left office, filed papers in court on Monday indicating the department would no longer move forward with either case against the president-elect. The special counsel’s office is seeking to dismiss the election obstruction indictment against Trump in Washington in its entirety. In the classified records case, prosecutors said they won’t pursue an appeal to revive charges against Trump, but will press ahead with a challenge to a Florida federal judge’s dismissal of charges against his two co-defendants. The judge ruled earlier this year that Smith’s appointment was unconstitutional and tossed out the case. Justice Department policy bars the prosecution of sitting presidents, forcing Smith’s hand to unnwind the cases against Trump after he won the election. Trump, who denied wrongdoing, said he would fire Smith and order the department to close the special counsel’s work if he won a second term. Smith wrote that his office “stands fully behind” the merits of the election obstruction case but the department’s prohibition on charging and prosecuting sitting presidents was “categorical.” The department asked the judge to dismiss the case “without prejudice,” leaving open the possibility that the prosecution effort could be revived once Trump leaves office.The decision to end the case “does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution,” he wrote. Smith is expected to resign as special counsel before Trump is sworn in. It wasn’t immediately clear which Justice Department office would take over the Florida prosecution, but once he’s in the White House Trump could order prosecutors to fully drop the appeal or to pardon the co-defendants, Waltine “Walt” Nauta and Carlos De Oliveira. Trump was the first former president indicted on felony charges. He also faced two state prosecutions, and the fate of those cases remains unsettled as he prepares to return to Washington. A New York jury found Trump guilty of falsifying business records to cover up hush money payments to a former adult film star who claimed to have had a sexual relationship with him. A judge has delayed sentencing in that case as he decides how to proceed. In Georgia, a prosecution over his efforts to overturn the 2020 election have been on hold amid controversy about the lead prosecutor’s personal conduct.