(Reuters) – A U.S. appeals court on Tuesday rejected an attempt to revive the criminal case accusing Donald Trump of illegally withholding classified documents, after prosecutors said they no longer wanted to pursue the appeal against the newly elected president continue.
The order from the U.S. 11th Circuit Court of Appeals means both federal cases against Trump have now been dropped as he prepares to return to the White House on Jan. 20.
A federal judge on Monday, at the request of prosecutors, dismissed a separate federal case accusing Trump of plotting to overturn his defeat in the 2020 election.
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Special counsel Jack Smith, who oversaw both prosecutions, wrote in court filings that the Justice Department’s longstanding policy against prosecuting a sitting president required the cases to be dismissed.
A federal judge in Florida previously dismissed the case involving confidential documents, ruling that Smith was improperly appointed as special counsel. Prosecutors indicated Monday they would continue their appeal of that decision as it concerns two Trump associates charged along with Trump with attempting to obstruct the investigation.
Both aides, Walt Nauta and Carlos De Oliveira, pleaded not guilty, as did Trump. Trump denied wrongdoing in all cases.
(Reporting by Andrew Goudsward in Middletown, New Jersey; Editing by Scott Malone and Jonathan Oatis)