The Justice Department is expected to wind down two federal criminal cases against President-elect Donald Trump as he prepares to assume office for a second term in January.
JUST IN – U.S. Department of Justice is evaluating how to wind down the two federal “criminal cases” against Trump — NBC
— Disclose.tv (@disclosetv) November 6, 2024
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This move aligns with longstanding Justice Department policy that prevents the prosecution of a sitting president.
Officials cited a 2000 memo from the Office of Legal Counsel, which upholds a Watergate-era precedent asserting that prosecuting a sitting president would violate the separation of powers and interfere with presidential duties.
The memo emphasized that an indictment could hinder executive branch operations and stated that “an impeachment proceeding is the only appropriate way to deal with a President while in office.”
Former Attorney General Bill Barr also voiced his support for this approach in an interview with Fox News Digital.
Barr noted that once Trump is inaugurated, any ongoing federal cases would likely be paused, particularly if a Trump-appointed attorney general is in place.
According to Barr, such an official could halt cases pursued by Special Counsel Jack Smith in both Washington, D.C., and Florida.
These cases involve allegations related to Trump’s alleged attempts to overturn the 2020 election results and his handling of classified documents after leaving office in 2021.
BREAKING: Jack Smith’s prosecution is OVER:
“The DOJ, where Jack Smith works, cannot prosecute a sitting president… Fox News is told that Jack Smith will be gone from his post as special counsel, meaning the cases will be gone before Trump takes the oath of office on January… pic.twitter.com/Gu6u56E0gj
— Charlie Kirk (@charliekirk11) November 6, 2024
While federal cases would be halted under Justice Department policy, Trump remains subject to two ongoing state cases in Georgia and New York, which are not affected by federal prosecutorial rules.
Barr expressed his view that these state-level prosecutions should also be reconsidered, describing them as a “spectacle” that detracts from national priorities.
“Further maneuvering on these cases in the weeks ahead would serve no legitimate purpose and only distract the country and the incoming administration from the task at hand,” Barr said.
Barr further remarked that voters were fully aware of the charges against Trump when they cast their ballots, electing him to a second term.
He argued that the decision of the American people should be respected by federal and state prosecutors.
“The American people have rendered their verdict on President Trump and decisively chosen him to lead the country for the next four years,” Barr said. “They did that with full knowledge of the claims against him by prosecutors around the country, and I think Attorney General Garland and the state prosecutors should respect the people’s decision and dismiss the cases against President Trump now.”
The cases in question involve different sets of allegations.
In Washington, D.C., Trump faces charges related to efforts to challenge the 2020 election results, while in Florida, the case involves Trump’s handling of classified documents after his departure from the White House.
The cases have sparked significant debate, with supporters of the president-elect arguing that these prosecutions undermine public confidence and distract from the administration’s work.
As Trump prepares to enter his second term, the decision to wind down federal cases reflects longstanding policies aimed at balancing the responsibilities of the presidency with legal processes.
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