Special counsel Jack Smith, speaking at his office in Washington, made a statement to reporters on the 37-count federal grand jury indictment against former U.S. President Donald Trump, accusing him of unauthorized retention of classified documents and collusion. Attempt to pervert the course of justice.
Leah Millis | Reuters
Special Advisor Jack Smith Make a motion Drop all federal charges against President-elect Donald Trump, accusing him of mishandling classified documents and attempting to overturn his presidential election ahead of the 2020 election Deadly attack on the U.S. Capitol on January 6.
Trump was first indicted in Miami federal court in June 2023 on 37 felony counts related to the mishandling of classified documents he took from the White House to his home in Florida. These include knowingly withholding defense information, making false statements, and conspiring to pervert the course of justice. a judge in florida dismiss casebut Smith’s office has seek appeal.
Trump alone Indicted on four felonies in August 2023 For his attempts to overturn the results of the 2020 election: conspiracy to defraud the United States, conspiracy to obstruct official proceedings, obstruction and attempted obstruction of official proceedings, and conspiracy to violate rights.
The case was subsequently shelved for months as the Trump team investigated. debate The case should be dismissed for a number of reasons, including that a former president cannot be prosecuted for actions he committed while in office.
Trump claimed the prosecution was politically motivated. He has never publicly admitted that his election claims were actually false, and he has pleaded not guilty in both federal cases.
The federal indictment against Trump marks a remarkable moment in American history – the first time ever that a president has been accused of unlawfully seeking power, mishandling classified information and attempting to obstruct a federal investigation.
Their dismissal also marked a historic moment. Fifty years after lawmakers from both parties forced Richard Nixon to resign over accusations of criminal conduct while in office, half of American voters have chosen to return Trump to the presidency.
Trump’s election victory means the Justice Department’s longstanding position that a sitting president cannot be charged with a crime will apply after Trump takes office on January 20.
“This injunction is absolute and does not depend on the seriousness of the crimes charged, the strength of the government’s evidence, or the substance of the prosecution, which the government fully supports,” Smith’s office wrote in a Monday filing.
“The government’s position on the merits of the defendant’s prosecution has not changed. But circumstances have changed,” the special prosecutor added.
Justice Department policy adopted during the Watergate scandal states that Congress has the authority to impeach a president if he commits a crime. It is designed to allow sitting presidents to carry out their duties without being hampered by legal cases.
DOJ’s Office of Legal Counsel’s Legal Position Is Same as Helping Trump avoid being charged Relevant to special counsel Robert Mueller’s investigation during Trump’s first term as president. Mueller’s team Decide They cannot reach a final conclusion on whether they believe Trump committed a crime because they cannot accuse a sitting president. Mueller says charging Trump ‘is not an option for us to consider’ explained 2019.
Smith’s team wrote that after Trump’s reelection, the special counsel’s office was caught between “two fundamental and compelling national interests.” “On the one hand, the Constitution requires that the President shall not be unduly impeded in the performance of his vital duties…On the other hand, the nation’s commitment to the rule of law and the long-standing principle that “no one” is so high in this country that he is He is above the law.
Smith and his team plan to resign before Trump takes officea source told NBC News earlier this month. Special counsel rules require Smith to submit a report to the attorney general explaining his charging decision before resigning.
More from NBC News:
Key help from conservative justices
Supreme Court conservative justices rule gives Trump landslide victory in case About Presidential Immunity. The judges first took months to reach a decision, preventing Tanya Chutkan, the Washington federal judge overseeing the case, from holding a trial before the election.
In a July ruling, they granted the president sweeping new immunity from prosecution, finding that all of his interactions with the attorney general were “categorically immune” from prosecution. Liberal judges dissented, arguing that the ruling gave the president the power to order federal criminal investigations of his rivals without legal consequences.
Two weeks later, Aileen Cannon, the federal judge appointed by Trump to oversee the classified documents case, dismissed all charges against Trump, accusing him of mishandling classified documents and trying to obstruct the investigation.
In a ruling that was widely criticized by legal experts and that Smith vowed to appeal, Cannon found that Smith was not properly appointed as special prosecutor. The surprising ruling reverses decades of rulings by liberal and conservative judges.
August, one New federal grand jury indicts Trump on same four counts The election case alleges that Trump’s false claims about massive voter fraud during the 2020 election were “unsupported by evidence, objectively unreasonable, and constantly changing” and that Trump “knew they were false.” But Trump’s re-election ended Smith’s ability to continue making these accusations.
Trump spokesman Steven Chang said in a statement, “Today’s decision by the Department of Justice ends the unconstitutional federal case against President Trump and is a major victory for the rule of law. The American people and President Trump want an immediate end to President Trump’s political Weaponized”. Our justice system, we look to unite our country. “
Many of the January 6 defendants told the judge they lamented that they “gullible“It’s enough to believe Trump’s lies, echoed by the president-elect’s allies, congressional Republicans and conservative influencers on social media.
The Justice Department’s focus is on arresting “most shocking” Riots erupted before Trump returned to office. The president-elect has said he will pardon An unidentified segment of the Jan. 6 rioters he called “warrior,” “incredible patriot“political prisoners and”hostage”.
He is expected to pass through the Lower West Tunnel, where some of the worst violence occurred on January 6, and be sworn in as president on January 20, 2025.
About The Author
