US judge asked to drop 2020 election interference charges against Donald Trump
by Asher McShane · LBCBy Asher McShane
US prosecutors have asked a federal judge to drop the criminal case accusing President-elect Donald Trump of seeking to overturn his 2020 election defeat.
Listen to this article
Loading audio...
Special counsel Jack Smith today asked a federal judge to dismiss the case accusing Mr Trump of plotting to overturn the 2020 election result.
He cited a long standing US Justice Department policy that shields presidents from prosecution while in office.
The move marks the end of the Justice Department’s effort to hold Trump accountable for what prosecutors called a criminal conspiracy to cling to power.
It led to his supporters’ attack on the US Capitol on January 6 2021.
Read more: Russia cautions Britain and France against deploying soldiers-for-hire to Ukraine
Prosecutors said the department’s position is that “the Constitution requires that this case be dismissed before the defendant is inaugurated.”
Trump had already pleaded not guilty to conspiracy to defraud the US and other charges related to his efforts to overturn his 2020 election loss to President Joe Biden.
Legal papers state: “As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025.
“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.”
“This outcome is not based on the merits or strength of the case against the defendant."
Mr Trump’s return to the White House has left several of the criminal cases against him in limbo.