The US 11th Circuit Court of Appeals rejected efforts to reinstate criminal proceedings against Donald Trump regarding classified documents, following prosecutors’ withdrawal of their appeal against the president-elect.
With this dismissal and the earlier termination of a separate federal case, both legal actions against Trump have concluded as he prepares for his White House return on January 20, Reuters reported.
On Monday, a federal judge granted prosecutors’ request to dismiss separate charges alleging Trump’s involvement in attempts to overturn the 2020 election results.
Special Counsel Jack Smith, who led both prosecutions, cited Justice Department protocol prohibiting legal action against a sitting president as the basis for abandoning the cases.
Smith cited longstanding Justice Department policy shielding presidents from prosecution while in office as he moved the motion. In court papers. prosecutors said the Justice Department’s position “is that the Constitution requires that this case be dismissed before the defendant is inaugurated.”
“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,” Smith’s team wrote in a filing.
Previously, a Florida federal judge had dismissed the classified documents case, determining Special Counsel Smith’s appointment was improper. Prosecutors confirmed on Monday they would maintain their appeal regarding two Trump associates charged with attempting to impede the investigation.
The 2020 election case brought last year was once seen as one of the most serious legal threats facing the Republican as he vied to reclaim the White House. But it quickly stalled amid legal fighting over Trump’s sweeping claims of immunity from prosecution for acts he took while in the White House.
He was convicted in New York in May of 34 counts of falsifying business records to cover up a hush money payment to porn star Stormy Daniels on the eve of the 2016 election to stop her from revealing an alleged 2006 sexual encounter.
