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Judge #Chutkan tosses #Trump 2020 #ElectionInterference case after prosecutors' request

A US judge on Monday dismissed the federal #criminal case accusing Trump of attempting to overturn his #2020election defeat after prosecutors moved to drop that prosecution & a second case against the president-elect, citing #DOJ policy against prosecuting a sitting president.

#democracy #Jan6 #insurrection #law #justice
reuters.com/world/us/us-prosec

The order from #Chutkan puts an end to the federal effort to hold #Trump criminally responsible for his attempts to hold onto #power after losing the #2020election, culminating in the #Jan6, 2021 violent #insurrection at the #US Capitol by a mob of his supporters.

The move came after #SpecialCounsel #JackSmith …moved to dismiss the #ElectionInterference case & end his attempt to revive a separate case accusing Trump of illegally retaining #ClassifiedDocuments when he left office in 2021….

It represents a big legal victory for #Trump, who won the Nov 5 #US election & is set to return to office on Jan 20.

The #DOJ policy that the prosecutors cited dates back to the 1970s. It holds that a #criminal prosecution of a sitting president would violate the US #Constitution by undermining the ability of the country's *chief executive* to *function*. Courts will still have to approve both requests from prosecutors.

The prosecutors in a filing in the #ElectionSubversion case said the #DOJ’s policy requires the case to be dismissed before #Trump returns to the White House.

"This outcome is not based on the merits or strength of the case against the defendant," prosecutors wrote in the filing.

Catherine is not giving up.

@Nonilex it isn’t dismissed though, it’s withdrawn. This means double jeopardy doesn’t apply should trump still be on the top of the grass when his term ends.