A US judge has dismissed the federal criminal case accusing Donald Trump of attempting to overturn his 2020 election defeat, citing Justice Department policy against prosecuting a sitting president. The move comes after prosecutors moved to drop the case and a second case accusing Trump of illegally retaining classified documents.
The decision marks a major legal victory for Trump, who won the November 5 US election and is set to return to office on January 20. The Justice Department’s policy against prosecuting a sitting president dates back to the 1970s and holds that such a prosecution would violate the US Constitution by undermining the ability of the country’s chief executive to function.
Prosecutors acknowledged that Trump’s ongoing criminal cases created an unprecedented predicament for the Justice Department, but left open the possibility that they could seek to charge him again after he leaves office. However, bringing a case so long after the conduct involved occurred would likely face significant challenges.
The dismissal of the election case puts an end to the federal effort to hold Trump criminally responsible for his attempts to hold onto power after losing the 2020 election, culminating in the January 6, 2021 attack on the US Capitol by a mob of his supporters.
Source: https://www.reuters.com/world/us/us-prosecutor-smith-asks-judge-dismiss-2020-election-subversion-case-against-2024-11-25