Washington – On November 25, a US court dropped a federal criminal case accusing Donald Trump of seeking to overturn his 2020 election setback after prosecutors pushed to withdraw the case and a second against the president-elect, citing Justice Department policy against prosecuting a sitting president. The order from US District Judge Tanya Chutkan ends the federal effort to hold Trump legally liable for his attempts to maintain power after losing the 2020 election, which culminated in a mob attack on the US Capitol on January 6, 2021. It is a significant legal triumph for the Republican president-elect, who won the November 5 US election and will return to office on January 20. The prosecutors cited a Justice Department directive that dates back to the 1970s. It contends that prosecuting a serving president would violate the US Constitution by jeopardizing the chief executive’s ability to perform. Courts will still have to approve both prosecutors’ requests. In a brief in the election subversion case, prosecutors stated that the department’s policy requires the case to be closed before Trump can return to the White House.

“This outcome is not based on the merits or strength of the case against the defendant,” prosecutors said in their brief. Prosecutors in the documents case have indicated that they will still urge a federal appeals court to reinstate the case against two Trump associates suspected of hindering the probe.

Trump spokesman Steven Cheung welcomed the decision as “a major victory for the rule of law”. Trump faced criminal accusations in four cases, including two brought by Mr Smith and two in state courts in New York and Georgia. He was convicted in the New York case, but the Georgia case, which also involves his efforts to overturn the 2020 election, is pending. On November 25, Trump railed on social media against the court cases, calling them a “low point in our country’s history.”

Mr Smith’s actions, which were announced in 2022 by US Attorney General Merrick Garland, indicate a significant departure from the special prosecutor who obtained indictments against Trump in two separate instances alleging him of crimes that jeopardized US election integrity and national security. Prosecutors admitted that the election of a president with outstanding criminal proceedings created an unprecedented situation for the Justice Department. Judge Chutkan left the door open for prosecutors to prosecute Trump again after he leaves office, although prosecutors would undoubtedly have problems in presenting a case so long after the conduct involved occurred. In August 2023, Trump pled not guilty to four federal indictments accusing him of conspiracy to hinder the collection and certification of votes.

In August 2023, Trump pled not guilty to four federal charges alleging he conspired to hinder vote collection and certification following his 2020 loss to Democrat Joe Biden.

Trump, who would once again control the Justice Department, was expected to order the closure of the federal 2020 election lawsuit and Mr Smith’s appeal in the records case. Aileen Cannon, a Florida-based federal judge chosen by Trump, dropped the classified materials case in July, concluding that Mr Smith was inappropriately appointed as special counsel.