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 Donald Trump attends his criminal trial in New York in May. Picture: AFP MORE: Ivanka reveals ‘hurtful toll’ behind Trump snub 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”. MORE: High roller Trump kids’ multimillion dollar digs 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 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 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 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. More Coverage Ironic twist in Trump interest rates fiasco Tarric Brooker ‘Toxic’: Trump lashed over latest pick Matthew Sedacca and Jon Levine, The New York Post Originally published as ‘Major victory’: Trump’s massive new win Read related topics: Donald Trump World Don't miss out on the headlines from World. Followed categories will be added to My News. More related stories Entertainment ‘Here with his mates’: Geldof’s emotional tribute to Liam Payne Sir Bob Geldof has unveiled one of the last recordings made by Liam Payne, in Band Aid’s Do They Know It’s Christmas? charity track. Read more Entertainment Naomi Watts shares devastating family news Australian actress Naomi Watts has opened up about some family news, the second event this year that has left her heartbroken. Read more
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Is AMD Stock a Buy Now?Former Florida GOP Rep. Matt Gaetz withdrew his nomination as attorney general on Thursday as new allegations about sexual relationships he had with a minor emerged. Gaetz had already announced his immediate resignation from Congress, but it’s possible he could take his seat in the next Congress in January. How would this work? First, Gaetz would have to rescind his intention to not take the seat that he won in November in the Congress that begins in January 2025. He officially resigned from Congress on Nov. 13 when he submitted a letter declaring his resignation “effective immediately.” Adding, “I do not intend to take the oath of office for the same office in the 119th Congress.” There is no existing precedent for a member of Congress resigning from one session of Congress, but then taking the same seat they were elected to in the next. That makes this a bit murky — and there are competing legal analyses for the situation. If Gaetz claimed that he now intends to take his seat in January, someone could sue to prevent him from doing so. That could be the Florida Secretary of State, who could claim that his resignation was official and the special election to fill his seat was already under way. It’s unclear how courts would rule in such a situation because it’s unprecedented. Alternatively, the House could refuse to seat him. But the Supreme Court ruled in the 1969 case of Powell v. McCormack that Congress cannot use criteria outside of the Constitution’s qualifications for office to refuse to seat a duly elected member. Again, courts have not adjudicated the question of a member rescinding their intention to not take their seat. If this were to happen, Gaetz could theoretically sue to claim his seat. The other option would be to let Gaetz take his seat and then expel him. Expulsion, however, requires a two-thirds vote of the House and is a step rarely taken. Only six members have ever been expelled from the House, with three of those expelled for siding with the Confederacy in the Civil War. This could all be moot if Gaetz decides not to go back on his resignation. And he has every incentive to do that. Among the aftereffects of his resignation is the fact it stopped the release of a report by the House Ethics Committee detailing allegations that he had sex with a 17-year old girl. Gaetz has denied the allegations. The committee voted against releasing the report on Wednesday since he was no longer a member of Congress. Were he to take his seat, the ethics investigation would remain live and the report would likely be released. The Florida Secretary of State’s office has already been tasked with setting a date for a special election to fill Gaetz’s seat. If he honors his resignation decision, that special election will go forward. Don't let this be the end of the free press. The free press is under attack — and America's future hangs in the balance. As other newsrooms bow to political pressure, HuffPost is not backing down. Would you help us keep our news free for all? We can't do it without you. Can't afford to contribute? Support HuffPost by creating a free account and log in while you read. You've supported HuffPost before, and we'll be honest — we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you. Whether you give once or many more times, we appreciate your contribution to keeping our journalism free for all. You've supported HuffPost before, and we'll be honest — we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you. Whether you give just one more time or sign up again to contribute regularly, we appreciate you playing a part in keeping our journalism free for all. Already contributed? Log in to hide these messages. So far, Gaetz has given no indication on his political future after pulling his attorney general nomination. Related From Our Partner
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