Immunity Claim: Special Prosecutor Moves to Drop Trump Charges

Trump's Get-Out-of-Jail Card? Special Prosecutor Wants Charges Dropped Due to Immunity

“This outcome is not based on the merits or strength of the case against the defendant.” 

Special prosecutor Jack Smith has requested that two criminal cases against Donald Trump be dismissed until after his presidency.

Special prosecutor Jack Smith has made a surprising move, requesting that the judge drop the two criminal cases he filed against Donald Trump, the US president-elect. This development comes as a court filing by the Department of Justice cited constitutional protections for sitting presidents, effectively shielding Trump from prosecution until he takes office on January 20 next year.

It's worth noting that Trump is currently facing multiple indictments, including a federal indictment in Florida related to classified government documents and a state indictment in Georgia related to attempts to overturn the 2020 presidential election. However, with the Department of Justice citing constitutional protections, it seems that Trump will not face prosecution until after he takes office.

“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,” the filing reads.

“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.”

This means Donald Trump won't face prosecution for any alleged wrongdoing until after he's sworn in as president. Essentially, he'll get a temporary reprieve from the two federal cases against him due to a Justice Department policy that prohibits prosecuting a sitting president.

“This outcome is not based on the merits or strength of the case against the defendant,” Smith added in the six- page filing.

Special prosecutor Jack Smith has requested that the judge dismiss the two criminal cases against Donald Trump, the US president-elect. However, for these cases to be officially dismissed, a judge must sign off on both decisions.

The cases in question involve allegations of 2020 election subversion and mishandling of classified documents. If the judge grants Smith's request, the cases will be dismissed without prejudice, meaning the charges could be refiled after Trump finishes his second term. This move would essentially put the cases on hold, allowing for potential re-examination in the future.