A motion has been filed to drop the charges against Donald Trump of plotting to overturn the 2020 US presidential election result.

Mr Trump was first indicted on four felonies in August 2023: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and an attempt to obstruct an official proceeding, and conspiracy against rights.

The president-elect pleaded not guilty to all charges and the case was then put on hold for months as Mr Trump’s team argued he could not be prosecuted.

Image:
Special Counsel Jack Smith. Pic: Reuters

Donald Trump supporters storm the US Capitol
Image:
Donald Trump supporters storm the US Capitol

On Monday, prosecutors working with special counsel Jack Smith, who had led the investigation, asked a federal judge to dismiss the case over long-standing US justice department policy, dating back to the 1970s, that presidents cannot be prosecuted while in office.

It marks the end of the department’s landmark effort to hold Mr Trump accountable for the attack on the US Capitol on 6 January 2021 when thousands of Trump supporters assaulted police, broke through barricades, and swarmed the Capitol in a bid to prevent the US Congress from certifying Joe Biden’s 2020 election victory.

Trump plays blinder as accusers forced to turn blind eye over Capitol riots

In winning the White House, he avoids the so-called ‘big house’.

Whether or not prison was a prospect awaiting Donald Trump is a moot point now, as he now enjoys the protection of the presidency.

The delay strategy that he pursued through a grinding court process knocked his federal prosecution past the election date and when his numbers came up, he wasn’t going down.

Politically, and legally, he has played a blinder.

Read more analysis from James Matthews here

Mr Smith’s team had been assessing how to wind down both the election interference case and the separate classified documents case in the wake of Mr Trump’s election victory over vice president Kamala Harris earlier this month, effectively killing any chance of success for the case.

In court papers, prosecutors said “the [US] Constitution requires that this case be dismissed before the defendant is inaugurated”.

They said the ban [on prosecuting sitting presidents] “is categorical and does not turn on the gravity of the crimes charged, the strength of the government’s proof, or the merits of the prosecution, which the government stands fully behind”.

Mr Trump, who has said he would sack Mr Smith as soon as he takes office in January, and promised to pardon some convicted rioters, has long dismissed both the 2020 election interference case and the separate classified documents case as politically motivated.

Trump supporters try to break through a police barrier at the Capitol in Washington
Image:
Trump supporters try to break through a police barrier at the Capitol in Washington. Pic: AP

He was accused of illegally keeping classified papers after leaving office in 2021, some of which were allegedly found in his Mar-a-Lago home in Florida.

The election interference case stalled after the US Supreme Court ruled in July that former presidents have broad immunity from prosecution, which Mr Trump’s lawyers exploited to demand the charges against him be dismissed.

Mr Smith’s request to drop the case still needs to be approved by US District Judge Tanya Chutkan.

No date had been set for a trial.

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At least 1,500 cases have been brought against those accused of trying to overthrow the election result on 6 January 2021, resulting in more than 1,100 convictions, the Associated Press said.

More than 950 defendants have been sentenced and 600 of them jailed for terms ranging from a few days to 22 years.