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‘Major victory’: Trump’s massive new win

President-elect Donald Trump has scared another huge victory after a government appointed prosecutor moved to dismiss a key court case against him.

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One of Donald Trump’s biggest legal cases is set to the dropped after a major ruling from the US Justice Department.

Special Counsel Jack Smith has moved to drop the US President-elect’s interference case after he allegedly attempt to overturn the results of the 2020 election.

In a court motion filed on Monday local time, Mr Smith asked US District Judge Tanya Chutkan to throw out the case ahead of Mr Trump’s inauguration in January.

Special counsel Jack Smith filed the court motion on Monday local time. Picture: AFP
Special counsel Jack Smith filed the court motion on Monday local time. Picture: AFP
Donald Trump attends his criminal trial in New York in May. Picture: AFP
Donald Trump attends his criminal trial in New York in May. Picture: AFP

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He said the move would echo the department’s long-standing position not to prosecute a sitting president.

“The Government’s position on the merits of the defendant’s prosecution has not changed,” Mr Smith said in the filing with Justice Chutkan.

“But the circumstances have. 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.

“As a result this prosecution must be dismissed before the defendant is inaugurated.”

In a post to social media platform Truth Social, Mr Trump responded to the court filing, saying he had “persevered against all odds”.

“These cases, like all of the other cases I have been forced to go through, are empty and lawless and should never have been brought,” he wrote.

“It was a political hijacking and a low point in the history of our vountry that such a thing could have happened.”

The case could be reopened when Mr Trump leaves the White House in four years time, however, his presidential transition team has hailed the move as a “major victory”.

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Mr Trump’s communications director Steven Cheung labelled the move a “major victory for the rule of law.”

“The American People and President Trump want an immediate end to the political weaponisation of our justice system and we look forward to uniting our country,” Mr Cheung said in a statement.

Donald Trump points to his wife former US First Lady Melania Trump during an election night event at the West Palm Beach Convention Center on November 6. Picture: AFP
Donald Trump points to his wife former US First Lady Melania Trump during an election night event at the West Palm Beach Convention Center on November 6. Picture: AFP
Special counsel Jack Smith has called for the case to be wrapped up … for now. Picture: AFP
Special counsel Jack Smith has called for the case to be wrapped up … for now. Picture: AFP

Other Trump cases

Mr Trump is also accused of seeking to disenfranchise US voters with his false claims that he won the 2020 election.

Mr Smith charged Mr Trump with mishandling top secret documents after leaving the White House, but that case was tossed out by a federal judge in Florida, a Trump appointee, on the grounds that Mr Smith was unlawfully appointed.

Donald Trump attends his hush money trial in New York City in May. Picture: AFP
Donald Trump attends his hush money trial in New York City in May. Picture: AFP

Mr Smith had appealed that dismissal but is now expected to drop the appeal.

The US Presidental elect has previously labelled both cases by Mr Smith as politically motivated, vowing to fire him after his inauguration.

Mr Trump also faces two state cases — in New York and Georgia.

He was convicted in New York in May of 34 counts of falsifying business records to cover up a hush money payment to porn star Stormy Daniels on the eve of the 2016 election to stop her from revealing an alleged 2006 sexual encounter.

Stormy Daniels leaves Manhattan Criminal Court after testifying at former US President Donald Trump's trial in May. Picture: AFP
Stormy Daniels leaves Manhattan Criminal Court after testifying at former US President Donald Trump's trial in May. Picture: AFP

Judge Juan Merchan has postponed sentencing while he considers a request from Mr Trump’s lawyers that the conviction be thrown out in light of the Supreme Court ruling in July that an ex-president has broad immunity from prosecution.

In Georgia, Mr Trump faces racketeering charges over his efforts to subvert the 2020 election results in the southern state, but that case will likely be frozen while he is in office under the policy of not prosecuting a sitting president.

All steam ahead

Mr Trump has powering through with his cabinet picks this week ahead of his inauguration on January 20.

On Saturday local time, Mr Trump announced conservative lawyer Brooke Rollins, his former White House domestic policy adviser, would run the Agriculture Department, with hedge fund manager Scott Bessent picked as Treasury secretary on Friday.

However, three important jobs are yet to be decided.

All eyes are now on Mr Trump’s selections for US trade representative, as well as the heads of the Council of Economic Advisers and the Small Business Administration - which are set to be selected in the coming days.

Originally published as ‘Major victory’: Trump’s massive new win

Read related topics:Donald Trump

Original URL: https://www.couriermail.com.au/news/world/major-victory-trumps-massive-new-win/news-story/07146c1b593e92fc0b023acddfd63723