Justice Department Moves to End Trump Cases as Second Term Approaches

Clear Facts

• The Justice Department plans to wind down two federal criminal cases against President-elect Trump as he prepares for his second term.
• A 2000 memo from the Office of Legal Counsel supports the decision, citing the separation of powers doctrine.
• Former Attorney General Bill Barr supports ending these cases, emphasizing respect for the voters’ decision.

As President-elect Trump gears up for his second term in the White House, the Justice Department is looking to wind down two federal criminal cases against him. This decision aligns with a long-standing policy that prevents prosecuting a sitting president, as highlighted by a memo from the Office of Legal Counsel filed in 2000. The memo argues that such proceedings would “unduly interfere in a direct or formal sense with the conduct of the Presidency.”

The memo further concludes that “an impeachment proceeding is the only appropriate way to deal with a President while in office,” given the impact an indictment could have on the executive branch’s operations.

Former Attorney General Bill Barr echoed this sentiment, noting that once Trump assumes office in January, prosecutors will be unable to continue these cases during his term.

Barr also mentioned that a Trump-appointed attorney general could immediately halt all federal cases brought by Special Counsel Jack Smith in Washington, D.C., and Florida. The charges in D.C. relate to Trump’s alleged efforts to overturn the 2020 presidential election results, while those in Florida concern his handling of classified documents after leaving the White House.

However, Trump would not have the power to stop two state cases filed in Georgia and New York. Barr expressed that local prosecutors and judges should move on from what he called the “spectacle” of prosecuting the president-elect.

“Further maneuvering on these cases in the weeks ahead would serve no legitimate purpose and only distract the country and the incoming administration from the task at hand,” Barr stated.

He emphasized that voters were fully aware of the criminal allegations against Trump when they re-elected him.

“The American people have rendered their verdict on President Trump, and decisively chosen him to lead the country for the next four years,” Barr said. He urged Attorney General Merrick Garland and state prosecutors to “respect the people’s decision and dismiss the cases against President Trump now.”

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