The Dictatorship
Special counsel moves to abandon election interference and classified documents cases against Trump
WASHINGTON (AP) — Special counsel Jack Smith moved to abandon two criminal cases against Donald Trump on Monday, acknowledging that Trump’s return to the White House will preclude attempts to federally prosecute him for retaining classified documents or trying to overturn his 2020 election defeat.
The decision was inevitable, since longstanding Justice Department policy says sitting presidents cannot face criminal prosecution. Yet it was still a momentous finale to an unprecedented chapter in political and law enforcement history, as federal officials attempted to hold accountable a former president while he was simultaneously running for another term.
Trump emerges indisputably victorious, having successfully delayed the investigations through legal maneuvers and then winning reelection despite indictments that described his actions as a threat to the country’s constitutional foundations.
“I persevered, against all odds, and WON,” Trump exulted in a post on Truth Social, his social media website.
He also said that “these cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought.”
The judge in the election case granted prosecutors’ dismissal request. A decision in the documents case was still pending on Monday evening.
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The outcome makes it clear that, when it comes to a president and criminal accusations, nothing supersedes the voters’ own verdict. In court filings, Smith’s team emphasized that the move to end their prosecutions was not a reflection of the merit of the cases but a recognition of the legal shield that surrounds any commander in chief.
“That prohibition 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,” prosecutors said in one of their filings.
They wrote that Trump’s return to the White House “sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities . . . and on the other hand, the Nation’s commitment to the rule of law.”
In this situation, “the Constitution requires that this case be dismissed before the defendant is inaugurated,” they concluded.
Smith’s team said it was leaving intact charges against two co-defendants in the classified documents case — Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira — because “no principle of temporary immunity applies to them.”
Steven Cheung, Trump’s incoming White House communications director, said Americans “want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
Trump has long described the investigations as politically motivated, and he has vowed to fire Smith as soon as he takes office in January. Now he will start his second term free from criminal scrutiny by the government that he will lead.
The election case brought last year was once seen as one of the most serious legal threats facing Trump as he tried to reclaim the White House. He was indicted for plotting to overturn his defeat to Joe Biden in 2020, an effort that climaxed with his supporters’ violent attack on the U.S. Capitol on Jan. 6, 2021.
But the case quickly stalled amid legal fighting over Trump’s sweeping claims of immunity from prosecution for acts he took while in the White House.
The U.S. Supreme Court in July ruled for the first time that former presidents have broad immunity from prosecution, and sent the case back to U.S. District Judge Tanya Chutkan to determine which allegations in the indictment, if any, could proceed to trial.
The case was just beginning to pick up steam again in the trial court in the weeks leading up to this year’s election. Smith’s team in October filed a lengthy brief laying out new evidence it planned to use against him at trial, accusing him of “resorting to crimes” in an increasingly desperate effort to overturn the will of voters after he lost to Biden.
In dismissing the case, Chutkan acknowledged prosecutors’ request to do so “without prejudice,” raising the possibility that they could try to bring charges against Trump when his term is over. She wrote that is “consistent with the Government’s understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office.”
But such a move may be barred by the statute of limitations, and Trump may also try to pardon himself while in office.
The separate case involving classified documents had been widely seen as legally clear cut, especially because the conduct in question occurred after Trump left the White House and lost the powers of the presidency.
The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing federal efforts to get them back. He has pleaded not guilty and denied wrongdoing.
The case quickly became snarled by delays, with U.S. District Judge Aileen Cannon slow to issue rulings — which favored Trump’s strategy of pushing off deadlines in all his criminal cases — while also entertaining defense motions and arguments that experts said other judges would have dispensed with without hearings.
In May, she indefinitely canceled the trial date amid a series of unresolved legal issues before dismissing the case outright two months later. Smith’s team appealed the decision, but now has given up that effort.
Trump faced two other state prosecutions while running for president. One of them, a New York case involving hush money payments, resulted in a conviction on felony charges of falsifying business records. It was the first time a former president had been found guilty of a crime.
The sentencing in that case is on hold as Trump’s lawyers try to have the conviction dismissed before he takes office, arguing that letting the verdict stand will interfere with his presidential transition and duties.
Manhattan District Attorney Alvin Bragg’s office is fighting the dismissal but has indicated that it would be open to delaying sentencing until Trump leaves office. Bragg, a Democrat, has said the solution needs to balance the obligations of the presidency with “the sanctity of the jury verdict.”
Trump was also indicted in Georgia along with 18 others accused of participating in a sprawling scheme to illegally overturn the 2020 presidential election there.
Any trial appears unlikely there while Trump holds office. The prosecution already was on hold after an appeals court agreed to review whether to remove Fulton County District Attorney Fani Willis over her romantic relationship with the special prosecutor she had hired to lead the case.
Four defendants have pleaded guilty after reaching deals with prosecutors. Trump and the others have pleaded not guilty.
___
Associated Press writers Colleen Long, Michael Sisak and Lindsay Whitehurst contributed to this story.
The Dictatorship
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The Dictatorship
‘It’s fantastic’: Trump tells MS NOW he’s seen celebrations after Iran strikes
President Donald Trump called the celebrations in the streets of Iran “fantastic” following the killing of the country’s supreme leaderAyatollah Ali Khamenei, during a brief phone call with MS NOW on Saturday night.
Trump told MS NOW that he’s seen the celebrations in Iran and in parts of America, after joint U.S.-Israel airstrikes killed Khamenei.
“I think it’s fantastic,” the president said of the celebrations. “I’ve seen them in Los Angeles, also — celebrations.”
“I’ve seen them in Los Angeles, celebrations, celebrations,” Trump said, accentuating the point.
The interview took place roughly 11 hours before the Pentagon announced the first U.S.military casualties of the war. U.S. Central Command said three American service members were killed in action, and five others had been seriously wounded.

Revelry broke out in Iran, the United States and across the globe on Saturday, with Iranians cheering the death of Khamenei, who led Iran with an iron fist for more than 30 years, cracking down on dissent at home and maintaining a hostile posture with the U.S. and Israel.
Asked how he was feeling after the strike on Khamenei, whose death was confirmed just a few hours earlier, Trump said it was a positive development for the United States.
“I think it was a great thing for our country,” he said.
The call — which lasted less than a minute — came after a marathon day, which began in the wee hours of the morning with strikes on Iran and continued with retaliatory ballistic missiles from Tehran targeting Israel and countries in the Middle East region that host U.S. military bases.
The day ended with few answers from the White House to increasing questions about the long-term future of Iran, how long the U.S. will continue operations there, and the metastasizing ramifications it could have on the world stage. In fact, the president has done little to convince the public to back his Iran operation, nor to explain why the country is at war without the authorization of Congress.
On perhaps the most consequential day of his second term, Trump did not give a formal address to the public, nor did he hold a press conference. Instead, he stayed out of public view at Mar-a-Lago, his private club and residence in Palm Beach, Florida, where he attended a $1 million-per-plate fundraising dinner on Saturday evening.
But throughout the day, Trump took calls from reporters at various new outlets, including from MS NOW at around 11 p.m. ET.
The strikes, known formally as “Operation Epic Fury,” came after months of talks over Iran’s nuclear program, and warnings from Trump that he would strike Tehran if they did not agree to his often shifting conditions.
At 2:30 a.m. ET on Saturday, Trump posted a video to social media announcing the operation, which he said was designed to “defend the American people by eliminating imminent threats from the Iranian regime, a vicious group of very hard, terrible people.”
“The lives of courageous American heroes may be lost and we may have casualties. That often happens in war,” Trump said when he announced the strikes on Iran.
Mychael Schnell is a reporter for MS NOW.
Laura Barrón-López covers the White House for MS NOW.
The Dictatorship
Pentagon announces first American casualties in Iran
Three U.S. service members were killed and five seriously wounded as the United States and Israel launched attacks on Iran, U.S. Central Command said Sunday morning.
The three service members — the first Americans to die in the conflict — were killed in Kuwait, a U.S. official said.
Several others sustained minor injuries from shrapnel and concussions but will return to duty, the Pentagon said. The identities of the dead and wounded have not been made public.
“The situation is fluid, so out of respect for the families, we will withhold additional information, including the identities of our fallen warriors, until 24 hours after next of kin have been notified,” Central Command said in a statement.
The U.S. and Israel launched sweeping airstrikes on Iranon Saturday, killing Ayatollah Ali Khameneithe country’s supreme leader for nearly four decades. Iran has vowed retaliation and hit several U.S. military bases across the region.
According to U.S. Central Command, Iran has also attacked more than a dozen locations, including airports in Dubai, Kuwait and Iraq, and residential neighborhoods in Israel, Bahrain and Qatar.
Israel Defence Forces said Sunday that Iran fired missiles toward the neighborhood of Beit Shemesh, killing civilians. The missile hit a synagogue, killing at least nine people, according to the Associated Press.
AP reported that authorities said at least 22 people were killed and 120 others wounded when demonstrators tried to attack the U.S. Consulate in Karachi in Pakistan.
The violence came after the United States and Israel attacked Irankilling its Supreme Leader Ayatollah Ali Khamenei. Police and officials at a hospital in Karachi said that at least 50 people were also wounded in the clashes and some of them were in critical condition.
On Sunday, Israel Defence Forces said on X, “It’s official: All senior terrorist leaders of Iran’s Axis of Terror have been eliminated.”
President Donald Trump told CNBC’s Joe Kernen on Sunday that the operation in Iran is “moving along very well, very well — ahead of schedule.”
In a phone call with MS NOW late Saturday, Trump called the celebrations in the streets of Iran “fantastic” following the killing of Khamenei.
Confirming Khamenei’s death, Prime Minister Benjamin Netanyahu said Sunday: “We have eliminated the tyrant Khamenei and dozens of senior figures of the oppressive regime. Our forces are now striking at the heart of Tehran with increasing intensity, set to escalate further in the coming days.”
The exchange of hostilities comes after weeks of fragile negotiations between the U.S. and Iran over Iran’s nuclear operations.
Esmail Baghaei, a spokesperson for Iran’s foreign ministry, called the joint U.S-Israeli attack an “unprovoked, unwarranted act of aggression” in an interview with MS NOW’s Ali Velshi on Sunday. He said Iran’s nuclear program has been used a pretext for the attack.
“We have every right to defend our people because we have come under this egregious act of aggression,” Baghaei said.
Trump announced the attack early Saturday during a short video posted on his Truth Social account. He called for an end to the Iranian regime and urged Iranians to “take back the country.”
Negotiators and mediators from Oman were supposed to meet in Vienna on Monday to discuss the technical aspect of a potential nuclear deal.
Rep. Eric Swawell, D-Calif., told MS NOW’s Alex Witt on Sunday afternoon that the president’s military operation in Iran was illegal, echoing what many lawmakers have said in citing that under the U.S. Constitution only Congress can declare war.
“This is a values argument. We don’t just lob missiles into other countries when we are not provoked, attacked and have no plan for what comes next,” he said.
“We have been shown zero evidence that anything changed in Iran from last year when the president did not come to Congress and took a strike on Iran,” Swalwell said.
In June the U.S. struck three Iranian nuclear sites. Trump said the facilities had been “completely and totally obliterated.” But experts and U.S. officials said the sites were damaged but not destroyed.
Erum Salam is breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian and is a graduate of Texas A&M University and the Columbia University Graduate School of Journalism. Follow her on X, Bluesky and Instagram.
Akayla Gardner is a White House correspondent for MS NOW.
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