The Justice Department is seeking to wind down two federal criminal cases against President-elect Donald Trump as he prepares for a second term in the White House. The decision maintains a long-standing policy that prevents Justice Department lawyers from prosecuting sitting presidents. .
In making this argument, Justice Department officials cited a 2000 Office of the General Counsel memo that argued that the Justice Department's investigation of a sitting president violates separation of powers. It supports the Watergate-era argument that
Furthermore, it notes that such a proceeding “unreasonably interferes, either directly or formally, with the performance of the President's duties.”
“Given the impact that an indictment would have on the operations of the executive branch, 'impeachment proceedings are the only appropriate way to deal with a president while in office,'” the memo concludes.
Former Attorney General Bill Barr backed up this argument in an interview with Fox News Digital on Wednesday, noting that once President Trump takes office in January, prosecutors will be unable to pursue cases during his term.
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WASHINGTON, DC – December 21: U.S. Attorney General Bill Barr held a press conference at the Department of Justice on December 21, 2020, marking the 32nd anniversary of the Pan Am Flight 103 bombing and providing updates on the investigation. . Washington DC. Barr announced criminal charges against one of Libya's alleged bomb makers. The bombing occurred in Lockerbie, Scotland, on December 21, 1988, killing all 259 people on board and 11 people on the ground. (Photo by Michael Reynolds Poole/Getty Images)
Barr told Fox News Digital that the Trump-appointed attorney general could immediately halt all federal cases filed in Washington, D.C. and Florida by current special counsel Jack Smith.
The charges in Washington, D.C., stem from allegations that President Trump tried to overturn the results of the 2020 presidential election. In Florida, the focus is on what to do with President Trump's classified documents after leaving the White House in 2020.
Trump also said that although President Trump has no power to stop two state lawsuits filed in Georgia and New York, local prosecutors and judges need to distance themselves from the “spectacle” of prosecuting the president-elect. he said.
“Further investigation of these cases in the coming weeks will serve no legitimate purpose and will only distract the country and the next administration from its immediate mission,” Barr said.

U.S. Attorney General Merrick Garland addresses staff during his first day at the U.S. Department of Justice in Washington, DC, March 11, 2021. Garland, who was once nominated to the Supreme Court under former President Barack Obama, was confirmed by the Senate on March 10. The vote was 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 charges against Trump when they voted to re-elect him to a second term.
“The American people have passed their verdict on President Trump and definitively elected him to lead our country for the next four years,” Barr said.
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“They did so in full knowledge of the allegations against him by prosecutors across the country. Attorney General Garland and state prosecutors should respect the people's decision and dismiss the case against President Trump now.” think.”
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