(Reuters) – A U.S. appeals court on Tuesday dismissed an attempt to revive the criminal case accusing Donald Trump of illegally retaining classified documents after prosecutors said they no longer wanted to pursue the appeal against the president-elect.
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, acting on a request from prosecutors, on Monday dismissed a separate federal case accusing Trump of plotting to reverse his defeat in the 2020 election.
Special Counsel Jack Smith, who oversaw both prosecutions, wrote in court filings that a long-standing Justice Department policy against prosecuting a sitting president required the cases to be dropped.
A federal judge in Florida previously threw out the classified documents case, ruling that Smith was improperly appointed as special counsel. Prosecutors indicated on Monday that they would continue their appeal of that decision as it relates to two Trump associates who were charged alongside 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)
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