The Justice Department is looking to wind down two federal criminal cases against President-elect Donald Trump as he prepares to be sworn in to a second term in the White House— a decision that upholds longstanding policy that prevents Justice Department attorneys from prosecuting a sitting president.
In making this argument, Justice Department officials cited a memo from the Office of Legal Counsel filed in 2000, which upholds a Watergate-era argument that asserts it is a violation of the separation of powers doctrine for the Justice Department to investigate a sitting president.
It further notes that such proceedings would “unduly interfere in a direct or formal sense with the conduct of the Presidency.”
“In light of the effect that an indictment would have on the operations of the executive branch, ‘an impeachment proceeding is the only appropriate way to deal with a President while in office,’” the memo said in conclusion.
Former Attorney General Bill Barr also backed this contention Wednesday in an interview with Fox News Digital, noting that after Trump takes office in January, prosecutors will be unable to continue the cases during his term.
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WASHINGTON, DC – DECEMBER 21: US Attorney General Bill Barr holds a news conference to provide an update on the investigation of the terrorist bombing of Pan Am flight 103 on the 32nd anniversary of the attack, at the Department of Justice December 21, 2020 in Washington, DC. Barr announced criminal charges against one of the alleged Libyan bombmakers. The bombing occurred on December 21, 1988, killing all 259 people on board and eleven on the ground in Lockerbie, Scotland. (Photo by Michael Reynolds-Pool/Getty Images)
Barr told Fox News Digital that a Trump-appointed attorney general could immediately halt all federal cases brought by current Special Counsel Jack Smith in Washington, D.C. and Florida.
The charges in D.C. stem from Trump’s alleged efforts to overturn the outcome of the 2020 presidential election. In Florida, they are centered on Trump’s handling of classified documents after leaving the White House in 2020.
And though Trump would be powerless to halt two state cases filed in Georgia and New York, Barr said local prosecutors and judges need to move on from 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 said.
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, DC on March 11, 2021. – Garland, a one time Supreme Court nominee under former US President Barack Obama, was confirmed March 10 by a Senate of vote of 70-30. (Photo by KEVIN DIETSCH / various sources / AFP) (Photo by KEVIN DIETSCH/AFP via Getty Images)
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He also noted that voters were well aware of the criminal allegations against Trump when they voted to reelect him for a second term.
“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.
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“They did that with full knowledge of the claims against him by prosecutors around the country and I think Attorney General Garland and the state prosecutors should respect the people’s decision and dismiss the cases against President Trump now.”
This is a breaking news story. Check back soon for more developments.