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Justice Department May Drop All Trump Cases Due to Presidential Immunity

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The U.S. Justice Department officials are considering winding down the two federal criminal cases against President-elect Donald Trump to comply with the policy that a sitting president cannot be prosecuted. This marks a shift from special counsel Jack Smith’s recent active engagement in the election interference case.

DOJ officials recognize that neither the Jan. 6 case nor the classified documents matter will likely proceed to trial soon, especially given potential Supreme Court appeals. With Trump’s return to the presidency, officials believe pursuing these cases is no longer feasible.

Former federal prosecutor Chuck Rosenberg characterized the situation as “sensible, inevitable and unfortunate.” The decision on how to drop the charges is now with Smith, leaving many questions unanswered about the future of the prosecutions and evidence.

Trump’s legal team is seeking ways to resolve these federal cases in their favor. Their immediate goal is to delay or dismiss the New York felony case, with a hearing set for November 26. The Georgia case is also tied up in appeals.

Trump campaign spokesman Steven Cheung asserted that Trump’s election reflects a mandate to end the perceived weaponization of the justice system. “The American people have re-elected President Trump with an overwhelming mandate to Make America Great Again,” he said in a statement. “It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system, so we can, as President Trump said in his historic speech last night, unify our country and work together for the betterment of our nation.

The DOJ’s position stems from a 2000 memo that stated only impeachment is appropriate for dealing with a president in office. Some commentators have noted the severity of the charges against Trump, which include conspiracy to defraud the United States and willful retention of national defense information.

However, Joyce Vance, a former U.S. attorney, expressed concern over the implications of winning an election to evade justice.

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