US special counsel Jack Smith moves to drop criminal cases against Donald Trump

Unlock the White House Watch newsletter for free

Your guide to what the 2024 US election means for Washington and the world

The US Department of Justice is seeking to drop two federal criminal cases against Donald Trump, abandoning its historic attempts to prosecute the former president after voters sent him back to the White House for another term.

DoJ special counsel Jack Smith, who was appointed to oversee investigations involving the former president, said in a court filing on Monday that a case accusing Trump of interfering with the 2020 election must be dismissed before the inauguration in January. He cited a long-standing DoJ policy against indicting and prosecuting a sitting president.

“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” Smith wrote.

Smith’s office cited the same argument in a filing with a US appellate court seeking to end proceedings against Trump in a separate case over the retention of classified documents. That case had already been dismissed by a federal judge, and Smith had appealed against the dismissal.

A spokesperson for Trump said the move “ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law”.

This is a developing story