Two sources familiar with the matter told NBC News that DOJ officials see no point in pursing either of those cases against Trump. This is in line with the long-standing department policy that a sitting president can't be prosecuted.
According to NBC News, the current talks stand in contrast with the pre-election legal position of Smith, who in the past few weeks took considerable steps in the election interference case against Trump without considering the electoral calendar. (Related: Trump pleads NOT GUILTY to Special Counsel Jack Smith's revised indictment over ginned-up 2020 election interference charges.)
The sources noted that it will be up to Smith to decide exactly how to wind down the criminal cases before Trump takes office. But this will require study and research.
With two looming deadlines in those cases, Smith needs to come up with a plan in the next few days. Smith has a Nov. 15 deadline to file an argument in the 11th Circuit case and there is a Nov. 21 deadline for Trump’s lawyers to file an argument for his immunity in the election interference case.
Trump spokesperson Steven Cheung said the DOJ has no choice but to listen to the people. "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.
Meanwhile, Trump's legal team is weighing its next steps for how to resolve the outstanding federal cases in his favor, with the ultimate goal of getting all the federal and state cases wiped out completely.
There are four separate federal and state cases involving Trump, namely the New York hush money case; the Georgia election interference case; the Federal January 6th case; and the Federal classified documents case, which was dismissed in July after Judge Aileen Cannon ruled Smith had been unlawfully appointed.
Trump has declared that he intends to end the federal criminal cases once he returns to the White House.
Before the DOJ talks were disclosed, Trump indicated that he could simply fire Smith or pardon himself. "It's so easy ? I would fire him within two seconds," Trump said in an interview with radio host Hugh Hewitt on October 24.
Trump have also shared social media posts calling for the imprisonment of his rivals.
"They ought to throw Deranged Jack Smith and his Thug Prosecutors in jail, with Meritless Garland and Trump Hating Lisa Monaco," Trump said in a post on Truth Social in July 2023, referring to Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco. "They have totally Weaponized the Department of Injustice."
Follow Trump.news for more news about Trump's federal and state cases.
Watch the video below about the DOJ dropping the cases against President-elect Donald Trump before his inauguration on Jan. 20, 2025.
This video is from the SecureLife channel on Brighteon.com.
Donald Trump’s sentencing in hush money case DELAYED until September 18, right before election.
Georgia judge dismisses two more charges against Trump in election interference case.
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