<p>US president-elect Donald Trump got good news after a judge granted a request by prosecutors to dismiss the election subversion case against him. They made the call on a policy of the Justice Department that a sitting president cannot be prosecuted.</p>

<p>Judge Tanya Chutkan agreed on Monday (Nov 25) to the request by Special Counsel Jack Smith to dismiss the case against the president-elect "without prejudice". This means that once Trump leaves the White House after four years, the case could be revived.</p>

<p>"Dismissal without prejudice is appropriate here," Chutkan said. She mentioned that "the immunity afforded to a sitting president is temporary, expiring when they leave office."</p>

<p>Trump's lawyers did not oppose the motion to dismiss the case without prejudice.</p>

<p>"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 stated in his motion to dismiss.</p>

<p>Trump was accused of conspiring to overturn the results of the 2020 election after Joe Biden was declared the winner. His other legal hassle involved the allegation that he took with him several top-secret documents after leaving the White House.&nbsp;</p>

<p>Also Read:&nbsp;<a href="https://www.wionews.com/world/trump-promises-more-tariffs-on-goods-from-canada-mexico-china-says-time-to-pay-a-very-big-price-779224">Trump promises more tariffs on goods from Canada, Mexico, China</a></p>

<p>Notably, after Trump won the presidential race for a second time on November 5, the special counsel paused the election interference case and the documents case against him.&nbsp;</p>

<p>Smith cited the long-standing Justice Department policy of not indicting or prosecuting a sitting president in his motions to have the cases dismissed.</p>

<div class="ui-state-default" contenteditable="false">
<div class="twitter-block" draggable="false">
<div class="videoWrapper trancodeVideo"><iframe allowfullscreen="" autoplay="1" class="includeVideo" frameborder="0" height="350" src="https://www.wionews.com/videos/usa-prosecutors-seek-dismissal-of-donald-trumps-federal-criminal-case-779238/embed" style="width:100%;max-width:560px;" width="560"></iframe></div>
</div>
<a class="close-mark close-div" href="#" id="jqclosemark">×</a></div>

<p>&nbsp;</p>

<p>"The Government's position on the merits of the defendant's prosecution has not changed," Smith said in the filing with Chutkan. "But the circumstances have."</p>

<p>"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," Smith said.</p>

<p>"As a result, this prosecution must be dismissed before the defendant is inaugurated."</p>

<p>Smith also withdrew his appeal of the dismissal of the classified documents case against Trump. However, he stated that he would continue to pursue the case against his two co-defendants, Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira.</p>

<p>Reacting to the dismissals, Trump campaign spokesperson Steven Cheung called them a "major victory for the rule of law". He said in a statement, "The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country."</p>


US president-elect Donald Trump got good news after a judge granted a request by prosecutors to dismiss the election subversion case against him. They made the call on a policy of the Justice Department that a sitting president cannot be prosecuted.

US president-elect Donald Trump got good news after a judge granted a request by prosecutors to dismiss the election subversion case against him. They made the call on a policy of the Justice Department that a sitting president cannot be prosecuted. Judge Tanya Chutkan agreed on Monday (Nov 25) to the request by Special Counsel Jack Smith to dismiss the case against the president-elect "without prejudice". This means that once Trump leaves the White House after four years, the case could be revived. "Dismissal without prejudice is appropriate here," Chutkan said. She mentioned that "the immunity afforded to a sitting president is temporary, expiring when they leave office." Trump's lawyers did not oppose the motion to dismiss the case without prejudice. "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 stated in his motion to dismiss. Trump was accused of conspiring to overturn the results of the 2020 election after Joe Biden was declared the winner. His other legal hassle involved the allegation that he took with him several top-secret documents after leaving the White House. Also Read: Trump promises more tariffs on goods from Canada, Mexico, China Notably, after Trump won the presidential race for a second time on November 5, the special counsel paused the election interference case and the documents case against him. Smith cited the long-standing Justice Department policy of not indicting or prosecuting a sitting president in his motions to have the cases dismissed. × "The Government's position on the merits of the defendant's prosecution has not changed," Smith said in the filing with Chutkan. "But the circumstances have." "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," Smith said. "As a result, this prosecution must be dismissed before the defendant is inaugurated." Smith also withdrew his appeal of the dismissal of the classified documents case against Trump. However, he stated that he would continue to pursue the case against his two co-defendants, Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira. Reacting to the dismissals, Trump campaign spokesperson Steven Cheung called them a "major victory for the rule of law". He said in a statement, "The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country."

Election subversion case against Trump dismissed due to 'categorical' DOJ policy on presidents

<p>The Supreme Court of the US (SCOTUS) on Friday (Dec 22) rejected to immediately decide whether former President Donald Trump enjoys immunity for crimes that he allegedly committed while being in office.</p>

<p>The ruling came as a setback for special counsel Jack Smith, who wanted the case to be heard in an expedited manner.</p>

<p>Earlier on December 1, Trump’s immunity claim was rejected by US District Judge Tanya Chutkan. This led Trump’s lawyers to appeal the decision to the US Court of Appeals for the DC Circuit, in a bid to delay the trial.</p>

<p><strong>Watch:&nbsp;US polls: Donald Trump barred from running for President in Colorado</strong></p>

<div class="ui-state-default" contenteditable="false">
<div class="twitter-block" draggable="false">
<div class="videoWrapper trancodeVideo"><iframe allowfullscreen="" autoplay="1" class="includeVideo" frameborder="0" height="350" src="https://www.wionews.com/videos/us-polls-donald-trump-barred-from-running-for-president-in-colorado-672700/embed" style="width:100%;max-width:560px;" width="560"></iframe><a class="close-mark close-div" href="#" id="jqclosemark">×</a></div>

<p>&nbsp;</p>
</div>
</div>

<p>Responding to this move, Jack Smith&nbsp;directly approached the Supreme Court to hear the case.</p>

<p>However, in a one-line order, the SCOTUS declined to intervene, without providing any reason for the same.</p>

<h2><strong>Win for Donald Trump</strong></h2>

<p>The efforts being made by Trump and his team to delay the trial, set to begin in March, for as long as possible seem to be working for now.</p>

<p>The case will now&nbsp;wind through the appeals process, potentially delaying the trial.&nbsp;</p>

<p><a href="https://www.wionews.com/world/trump-ally-rudy-giuliani-files-for-bankruptcy-672309"><strong>Also read:&nbsp;Trump ally Rudy Giuliani files for bankruptcy</strong></a></p>

<p>In August this year, Trump was indicted on election subversion charges. He is being investigated for&nbsp;alleged attempts to overturn the election leading up to the 6 January Capitol riot.</p>

<p>Trump appealed&nbsp;the decision, but US District Judge Tanya Chutkan&nbsp;paused the case.</p>

<h2><strong>Trump’s claims on immunity</strong></h2>

<p>Trump continues to claim that he is immune from prosecution because he was acting in his official capacity as president before and during the riot.</p>

<p>While reacting to the SCOTUS ruling, Trump on his Truth Social platform said the Supreme Court had rejected a "desperate attempt to short circuit our Great Constitution", adding that he was "entitled to Presidential Immunity".</p>

<h2><strong>Jack Smith’s argument</strong></h2>

<p>Jack Smith in his SCOTUS petition said that the highest court should take the matter up as it "concerned the heart of our democracy."</p>

<p>"The United States recognises that this is an extraordinary request," he said, adding "This is an extraordinary case."</p>

<p>The case presented "a fundamental question at the heart of our democracy: whether a former president is absolutely immune," he argued.</p>

<p><em>(With inputs from agencies)</em></p>


The Supreme Court of the US (SCOTUS) on Friday (Dec 22) rejected to immediately decide whether former President Donald Trump enjoys immunity for crimes that he allegedly committed while being in office.

The Supreme Court of the US (SCOTUS) on Friday (Dec 22) rejected to immediately decide whether former President Donald Trump enjoys immunity for crimes that he allegedly committed while being in office. The ruling came as a setback for special counsel Jack Smith, who wanted the case to be heard in an expedited manner. Earlier on December 1, Trump’s immunity claim was rejected by US District Judge Tanya Chutkan. This led Trump’s lawyers to appeal the decision to the US Court of Appeals for the DC Circuit, in a bid to delay the trial. Watch: US polls: Donald Trump barred from running for President in Colorado × Responding to this move, Jack Smith directly approached the Supreme Court to hear the case. However, in a one-line order, the SCOTUS declined to intervene, without providing any reason for the same. Win for Donald Trump The efforts being made by Trump and his team to delay the trial, set to begin in March, for as long as possible seem to be working for now. The case will now wind through the appeals process, potentially delaying the trial. Also read: Trump ally Rudy Giuliani files for bankruptcy In August this year, Trump was indicted on election subversion charges. He is being investigated for alleged attempts to overturn the election leading up to the 6 January Capitol riot. Trump appealed the decision, but US District Judge Tanya Chutkan paused the case. Trump’s claims on immunity Trump continues to claim that he is immune from prosecution because he was acting in his official capacity as president before and during the riot. While reacting to the SCOTUS ruling, Trump on his Truth Social platform said the Supreme Court had rejected a "desperate attempt to short circuit our Great Constitution", adding that he was "entitled to Presidential Immunity". Jack Smith’s argument Jack Smith in his SCOTUS petition said that the highest court should take the matter up as it "concerned the heart of our democracy." "The United States recognises that this is an extraordinary request," he said, adding "This is an extraordinary case." The case presented "a fundamental question at the heart of our democracy: whether a former president is absolutely immune," he argued. (With inputs from agencies)

US: Supreme Court refuses to hear Trump immunity case, delaying trial

election-subversion-case

Election Subversion Case, News on Election Subversion Case, stories on Election Subversion Case, articles on Election Subversion Case, Election Subversion Case stories at Wion, Election Subversion Case news, Election Subversion Case latest news

election subversion-case

Election subversion case against Trump dismissed due to 'categorical' DOJ policy on presidents

US: Supreme Court refuses to hear Trump immunity case, delaying trial