News | International
4 Dec 2024 21:18
NZCity News
NZCity CalculatorReturn to NZCity

  • Start Page
  • Personalise
  • Sport
  • Weather
  • Finance
  • Shopping
  • Jobs
  • Horoscopes
  • Lotto Results
  • Photo Gallery
  • Site Gallery
  • TVNow
  • Dating
  • SearchNZ
  • NZSearch
  • Crime.co.nz
  • RugbyLeague
  • Make Home
  • About NZCity
  • Contact NZCity
  • Your Privacy
  • Advertising
  • Login
  • Join for Free

  •   Home > News > International

    Donald Trump's criminal prosecution for election subversion and mishandling documents to be discontinued

    US special prosecutor Jack Smith tells courts in Washington DC and Florida he is discontinuing the cases, which related to alleged election interference and mishandling of classified documents.


    US prosecutors have decided to drop two criminal cases against president-elect Donald Trump.

    Special prosecutor Jack Smith has told courts in Washington DC and Florida he is discontinuing the cases, which related to alleged election interference and mishandling of classified documents.

    In a motion filed in Washington, he cited a longstanding Department of Justice (DOJ) policy not to prosecute a sitting president.

    "The government's position on the merits of the defendant's prosecution has not changed," the motion says.

    "But the circumstances have."

    What was Trump charged with?

    Last year, Mr Smith brought two criminal cases against Trump.

    In one, he alleged that Trump had conspired to defraud the US through an illegal scheme to overturn Joe Biden's 2020 election win, and cling on to power himself.

    The prosecution argued Trump used "pervasive and destabilising lies" to try to convince the public the election had been rigged. He was also accused of using fraudulent electors to manipulate the electoral college system, and to sign up his vice-president, Mike Pence, to help carry out the scheme.

    Trump pleaded not guilty in August last year, a couple of weeks after the charges were brought.

    In the second case, in Florida, Mr Smith had attempted to prosecute Trump for illegally retaining classified documents after his time in the White House.

    Trump allegedly kept the documents, which contained sensitive national security information, at his Mar-a-Lago estate, and then obstructed government efforts to retrieve them.

    A Trump-appointed judge dismissed that case in July, finding that Mr Smith had been unlawfully appointed.

    Mr Smith had initially appealed that decision, but has now decided not to pursue that appeal.

    After Mr Smith's motions were filed today, Trump used social media to attack the cases as "empty and lawless" and say they "should never have been brought".

    "Over $100 million dollars of taxpayer dollars [sic] has been wasted in the Democrat Party's fight against their political opponent, me," he wrote.

    "Nothing like this has ever happened in our country before."

    Why have the charges been dropped?

    Mr Smith's motion to dismiss the election interference case said the decision did "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".

    It instead points to the DOJ's long-held belief that the Constitution does not allow a president to be prosecuted:

    "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.

    "But the department and the country have never faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected president.

    "Confronted with this unprecedented situation, the Special Counsel's Office consulted with the Department's Office of Legal Counsel (OLC), whose interpretation of constitutional questions such as those raised here is binding on department prosecutors.

    "After careful consideration, the department has determined that OLC's prior opinions concerning the Constitution's prohibition on federal indictment and prosecution of a sitting president apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated."

    Trump will return to the White House early next year after a decisive win in the US presidential election this month. His inauguration will be on January 20.

    What about the other cases against Trump?

    As well as these federal cases, Trump was charged under state law in two separate cases last year.

    One of those cases, in Georgia, also related to alleged election interference.

    In that state, Trump and 18 of his associates were charged under anti-racketeering laws that are usually directed at outlaw gangs or mafia-style organised crime networks.

    That case remains alive, and four of Trump's co-defendants have already pleaded guilty.

    But it's been in limbo while Trump's lawyers fight to have District Attorney Fani Willis removed from the case, because she had an "inappropriate" relationship with a lawyer who was contracted to work on it with her.

    A hearing set for December 5 was last week cancelled until further notice. Ms Willis has indicated she intended to continue pursuing the case.

    The other case, in New York, related to "hush money" paid to porn star Stormy Daniels while Trump was campaigning to win the 2016 election.

    In May, a jury found Trump guilty of 34 felony counts of falsifying business records.

    That verdict stands, but sentencing has been delayed.

    Judge Juan Merchan is considering whether to postpone sentencing until after Trump serves his four-year term as president.

    Trump's lawyers have indicated they would fight to have the case dismissed completely. They have until December 2 to file their arguments to the New York court.

    © 2024 ABC Australian Broadcasting Corporation. All rights reserved

     Other International News
     04 Dec: South Korean President Yoon Suk Yeol could be facing impeachment after martial law declaration — here's what that process looks like
     04 Dec: South Korean president lifts martial law declaration hours after parliamentary block
     04 Dec: What is martial law and why did South Korea's president declare it then revoke it hours later?
     04 Dec: Australia changes position to support vote demanding Israel end occupation of Gaza, East Jerusalem and West Bank
     04 Dec: Distiller explains fine line between brewing safe and deadly spirits in wake of Laos alcohol poisonings
     04 Dec: Massive $1.8b project to build 600km road in PNG linked to businessman criticised in 'land grab' scandal
     04 Dec: Donald Trump is threatening to restart his trade war with China when he becomes president, but this time Beijing is ready
     Top Stories

    RUGBY RUGBY
    All Blacks second five Jordie Barrett is ready for more rugby to close out 2024 as he embarks on a temporary chapter abroad More...


    BUSINESS BUSINESS
    Trademarks that will never be used can be ‘bad faith’ business – a UK case has lessons for NZ and Australia More...



     Today's News

    Law and Order:
    Police are going door-to-door in Tokoroa looking for information on the mysterious death of Shane Edwards 21:17

    Entertainment:
    Selena Gomez doesn't "need anyone's approval" 21:14

    Entertainment:
    Kerry Katona was left terrified when masked thugs raided her property while she was at home 20:44

    Entertainment:
    Meghan, Duchess of Sussex is reportedly preparing to launch her lifestyle brand and her new Netflix show in the New Year 20:14

    Entertainment:
    Blur's Alex James almost went bankrupt when work dried up during the COVID-19 lockdowns 19:44

    Entertainment:
    Lala Kent doesn't intend to "reach out" to her 'Vanderpump Rules' co-stars after she was axed from the show 19:14

    International:
    South Korean President Yoon Suk Yeol could be facing impeachment after martial law declaration — here's what that process looks like 19:07

    Politics:
    More than 112-thousand people are homeless in New Zealand 18:57

    Entertainment:
    John Legend feels "so lucky" to be married to Chrissy Teigen 18:44

    Law and Order:
    More than 500 days after Christchurch Real Estate Agent Yanfei Bao went missing, a man has been found guilty of her murder 18:37


     News Search






    Power Search


    © 2024 New Zealand City Ltd