Special prosecutor Jack Smith, who filed two criminal cases against U.S. President-elect Donald Trump, has requested that the judge dismiss both cases.
The Department of Justice noted constitutional safeguards for incumbent presidents in a court filing on Monday, guaranteeing that Trump will not be charged before his inauguration on January 20 of next year.
The filing reads:
“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.”
“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.”
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.
Both rulings must be approved by the judge in order to be formally dismissed. Smith asked for the dismissal of both cases “without prejudice,” which would allow the charges to be re-filed once Trump’s second term is over.
The 2020 election subversion charges and the improper handling of confidential data were the cases against the US president-elect.
As Trump fought to regain the White House, the election case was previously viewed as one of the biggest legal threats against him.
The billionaire, however, used political manoeuvring to circumvent the legal system and avoid the indictment without jeopardising his presidential bid.
Trump defied prior conventions on special counsel investigations when he declared he would remove Smith as soon as he returned to office.
According to reports, Smith has stated that he intends to resign next year.
Trump’s team called the decision to close the cases “a major victory for the rule of law” in a statement.