Special Counsel prosecutors are preparing to shut down their criminal cases against President-elect Donald Trump after his victory in the U.S. presidential election, sources familiar with the matter confirmed.
The decision effectively ends the two criminal cases brought against Trump for his involvement in the retention of classified documents and his efforts to overturn the 2020 election results, at least for the duration of his upcoming term in office.
According to the U.S. Justice Department, the cases will be wound down due to a long-standing policy that prohibits prosecuting a sitting president. Department officials are assessing how to formally close the cases before Trump takes office on January 20, 2025, a person familiar with the matter said.
“Continuing to pursue the charges against the former president would violate longstanding policy against prosecuting a sitting president,” the official explained. “Once Trump returns to the White House, the special counsel’s office would be prohibited from pursuing further criminal actions under this policy.”
The Justice Department had long anticipated that if Trump won the election, his attorney general would likely drop the charges. It is also understood that this decision is a preemptive measure to prevent Trump from potentially ordering the removal of Special Counsel Jack Smith, as he had previously threatened to do if re-elected.
“That possibility had been relished by Trump’s close aides and advisers, who privately imagined Trump ordering Smith’s removal and his team having to vacate their office space in Washington,” the source added.
Trump’s spokesperson, Steven Cheung, responded to the decision, framing it as a victory for his campaign and an opportunity for national unity.
“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,” Cheung said.
Before the discussions about winding down the cases became public, Trump had hinted that he could fire Smith or even pardon himself. In an interview on October 24, He told radio host Hugh Hewitt, “It’s so easy − I would fire him within two seconds.”
Trump has also made public calls to prosecute his political rivals, including President Joe Biden, Vice President Kamala Harris, and other Democratic figures such as Rep. Nancy Pelosi.
He has shared posts on social media advocating for the imprisonment of these individuals, and, when in office, he pressured the Justice Department to pursue charges against former Secretary of State Hillary Clinton and former FBI Director James Comey.
Trump faces multiple charges in Washington, D.C., including accusations that he tried to steal the 2020 election and obstructed Congress from certifying Electoral College votes on January 6, 2021. U.S. District Judge Tanya Chutkan is currently weighing whether Trump is immune from these charges.
He is also facing charges related to his unlawful retention of classified documents after leaving office. A federal judge, U.S. District Judge Aileen Cannon, previously dismissed these charges on the grounds that Smith was appointed illegitimately, but the ruling has been appealed to the 11th U.S. Circuit Court of Appeals.
Legal experts have noted that while the DOJ is likely to dismiss the cases, they may simply be put on hold rather than completely dropped, given the implications for the Justice Department’s future ability to prosecute a sitting president.
“Of course, the Trump DOJ would dismiss the cases,” said Eric Columbus, a former lawyer with the DOJ during the Obama administration. “But don’t do it for them.”
The two criminal cases are currently at different stages, with looming deadlines that may force a decision in the coming weeks.
Special Counsel Jack Smith has until November 15 to file an argument in the 11th Circuit case, and Trump’s lawyers have until November 21 to file an argument for his immunity in the election interference case.
The Justice Department is still deliberating on how to wind down the cases, particularly the classified documents case, which was dismissed and is now under appeal.
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Prosecutors are wary of setting a precedent by failing to challenge the dismissal of this case, as it could undermine the future use of special counsels.
Former U.S. Attorney William Barr, who served as Trump’s attorney general, called for the end of Trump’s legal battles in a statement on the election results. Barr argued that the American people had rendered their verdict by electing Trump to a second term, despite the pending criminal cases.
“The American people have rendered their verdict on President Trump and decisively chosen him to lead the country for the next four years,” Barr wrote. “They chose him to lead us with the full knowledge of the claims against him by prosecutors around the country. The attorney general and all the state prosecutors should do the right thing and help the country move forward by dismissing the cases.”
Trump’s legal strategy has long focused on using his political campaign as a shield against legal challenges. He launched his presidential campaign in 2022 under the shadow of ongoing investigations, including the one into his handling of classified documents. He repeatedly told his supporters that his re-election was crucial for his legal survival, urging voters to bring him back to office so the charges would disappear.
Robert Mintz, a former federal prosecutor, commented on the unique intersection of law and politics in Trump’s case, noting that the legal battles have been playing out as much in the political arena as in the courtroom.
“We have never really seen before criminal cases that played out more on the political stage than in the courtroom,” Mintz said. “Rather than focusing solely on the legal issues, the Trump defense adopted a high stakes legal gambit that transformed these criminal charges into political opportunities and essentially bet the farm on the outcome of the election.”
Meanwhile, former U.S. attorney Joyce Vance expressed concern about the broader implications of Trump’s success in using the election as a shield against prosecution.
“The idea that you could win an election to avoid justice just cuts so deeply against my expectations for our legal system and for our politics too,” Vance said.
The Justice Department’s decision to potentially end its pursuit of these cases is also seen as a significant moment in the ongoing debate over accountability and the rule of law in America, particularly with regard to high-profile political figures like Trump.
