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US prosecutors weigh closing federal criminal cases against Donald Trump

Department of Justice special counsel’s investigations dealt potentially fatal blow due to election outcome

Prosecutors are discussing how to drop two federal criminal cases against Donald Trump as he prepares to return to the White House, in a significant victory for the former president who has faced a series of legal battles since his first term in office.

Jack Smith, the special counsel appointed by US attorney-general Merrick Garland to oversee two cases against Trump, “is examining how to wind down” the proceedings “before he takes office to comply with long-standing department policy that a sitting president can’t be prosecuted”, a Department of Justice official familiar with the matter said. 

Smith has brought two cases against Trump: one accusing him of interfering with the 2020 general election and another alleging he mishandled classified documents.

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