Special counsel Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP File)
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WASHINGTON — Federal prosecutors moved Monday to abandon the classified documents case against President-elect Donald Trump in light of longstanding Justice Department policy that says sitting presidents cannot face criminal prosecution.
The announcement in an appeals court filing in Florida came shortly after a similar filing was made by prosecutors in Washington, D.C., where they asked to dismiss the case accusing Trump of plotting to overturn the 2020 election.
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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 victory, ensuring he enters office free from scrutiny over his hoarding of top secret documents and 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.
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