DOJ Considers Dropping Federal Charges Against President-Elect Donald Trump

The United States Department of Justice (DOJ) is considering halting two high-profile federal criminal cases against President-elect Donald Trump. This potential move, disclosed by sources to NBC News, would align with longstanding department policy that a sitting president cannot be criminally prosecuted.

The DOJ’s recent considerations mark a notable change from the actions of Special Counsel Jack Smith, who aggressively pursued Trump on charges related to election interference and the mishandling of classified documents. Despite substantial legal efforts before Election Day, the prospect of prosecuting Trump appears to be fading as he prepares to assume office on January 20.

Two sources familiar with the situation revealed that it would ultimately be up to Special Counsel Smith to determine the exact procedure for pausing or dismissing the cases. However, questions remain about the potential for reinitiating these cases once Trump leaves office, whether statutes of limitation could impact a future prosecution, and the implications for other defendants in the classified documents case, who face charges of aiding Trump in concealing sensitive information.

Legal experts have noted the inherent challenges in continuing these cases. “Sensible, inevitable, and unfortunate,” commented Chuck Rosenberg, a former federal prosecutor and NBC News contributor, in reference to the DOJ’s likely course of action.

Trump’s legal team, meanwhile, is strategizing its next steps in the federal cases now that he is president-elect. Resolving the charges before Trump takes office appears to be a priority, and legal delays or dismissals are among the options reportedly under consideration.

Apart from the federal cases, Trump faces legal challenges at the state level. His upcoming criminal case in New York, involving felony charges, is scheduled for a sentencing hearing on November 26. Trump’s lawyers are working to postpone this hearing indefinitely or potentially have the charges dismissed altogether. Additionally, a separate Georgia election interference case against Trump is entangled in appeals.

Trump’s campaign spokesman, Steven Cheung, issued a statement on the matter: “The American people have re-elected President Trump with an overwhelming mandate to ‘Make America Great Again.’ It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system.” He further emphasized Trump’s call for unity and national betterment in his post-election remarks.

The DOJ’s current stance appears to stem from a 2000 memo by the Justice Department’s Office of Legal Counsel, which references a Watergate-era conclusion: prosecuting a sitting president could “unduly interfere” with presidential duties. This principle, recently reconsidered in light of Trump’s reelection, suggests impeachment as the only viable avenue for addressing alleged presidential misconduct.

In the pending cases, Trump faces serious accusations. For his alleged role in efforts to overturn the 2020 election, Trump is charged with conspiracy to defraud the United States, obstructing an official proceeding, and conspiracy against rights. In the classified documents case, he faces charges of willfully retaining national defense information, obstructing justice, lying to investigators, and withholding federal documents.