Special prosecutor Jack Smith, who filed two criminal cases against Donald Trump, the US president-elect, has asked the judge to drop both of them.
A court filing on Monday by the department of justice cited constitutional protections for sitting presidents, ensuring Trump faces no prosecution before taking office on January 20 next year.
“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,” the filing reads.
“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.”
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The development means that Trump will not be called to answer for any wrongdoing before his inauguration.
“This outcome is not based on the merits or strength of the case against the defendant,” Smith added in the six-page filing.
A judge must sign off on both decisions for them to be officially dismissed. Smith requested both cases be dismissed “without prejudice,” meaning the charges could be refiled after Trump finishes his second term.
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The cases against the US president-elect were the 2020 election subversion accusations and the mishandling of classified documents.
The election case was once seen as one of the most serious legal threats against Trump as he battled to reclaim the White House.
However, the businessman tactically sidestepped the indictment without sinking his presidential bid, using political play to beat the legal system.
Trump said he would fire Smith once he returns to the office, shattering previous norms around special counsel investigations.
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Smith has reportedly said he plans to step down next year.
In a statement, Trump’s team said the move to end the cases was “a major victory for the rule of law”.
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