WASHINGTON: An appeals court on Tuesday granted a request by prosecutors to drop the case against US President-elect Donald Trump for mishandling classified documents.
Special Counsel Jack Smith had asked the court on Monday to dismiss the case because of a long-standing Justice Department policy of not prosecuting a sitting president.
A Trump-appointed district court judge in Florida threw out the documents case earlier this year, but Smith had appealed the ruling to the 11th Circuit Court of Appeals.
The appeals court granted Smith’s request to dismiss the case without comment.
Smith is continuing, however, to pursue the case against Trump’s two co-defendants, his valet, Walt Nauta, and Mar-a-Lago property manager Carlos De Oliveira.
Trump, 78, was accused of removing large quantities of top secret documents after leaving the White House at the end of his first term and obstructing efforts to retrieve them.
The former president was also accused by the special counsel of conspiring to overturn the results of the 2020 election won by Joe Biden. A judge on Monday granted a request by Smith to drop that case.
The special counsel paused both federal cases this month after Trump defeated Vice President Kamala Harris in the November 5 presidential election.
The former and incoming president also faces two state cases — in New York and Georgia.
He was convicted in New York in May of 34 counts of falsifying business records to cover up a hush money payment to porn star Stormy Daniels on the eve of the 2016 election to stop her from revealing an alleged 2006 sexual encounter.
Judge Juan Merchan has postponed sentencing while he considers a request from Trump’s lawyers that the conviction be thrown out in light of the Supreme Court ruling in July that an ex-president has broad immunity from prosecution.
In Georgia, Trump faces racketeering charges over his efforts to subvert the 2020 election results in the southern state, but that case will likely be frozen while he is in office.
US appeals court grants dismissal of Trump documents case
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US appeals court grants dismissal of Trump documents case
- The appeals court granted Smith’s request to dismiss the case without comment
Ex-CNN journalist Don Lemon pleads not guilty to Minnesota protest charges
- A magistrate judge ordered Lemon released to await trial, after a night in custody following his arrest late on Thursday by the FBI
LOS ANGELES: Former CNN news anchor Don Lemon entered a not guilty plea on Friday to federal charges over his role covering a protest at a Minnesota church against President Donald Trump’s immigration crackdown, the Republican administration’s latest move against a critic.
Lemon, now an independent journalist, livestreamed a protest against Trump’s deployment of thousands of armed immigration agents into Democratic-governed Minnesota’s biggest cities. The protest disrupted a January 18 service at Cities Church in St. Paul.
A magistrate judge ordered Lemon released to await trial, after a night in custody following his arrest late on Thursday by the FBI.
Dressed in a cream-colored double-breasted suit, Lemon spoke only to say “yes, your honor” when asked if he understood the proceedings. One of his attorneys said that he pleaded not guilty.
“He is committed to fighting this. He’s not going anywhere,” said Lemon attorney Marilyn Bednarski.
“I have spent my entire career covering the news. I will not stop now,” Lemon told reporters after the hearing. “I will not be silenced. I look forward to my day in court.”
A grand jury indictment charged Lemon, who is Black, with conspiring to deprive others of their civil rights and violating a law that has been used to crack down on demonstrations at abortion clinics but also forbids obstructing access to houses of worship. Six other people who were at the protest, including another journalist, are facing the same charges.
Thousands of protesters took to the streets of Minneapolis and other US cities on Friday to denounce an immigration crackdown in which federal agents fatally shot two US citizens, sparking one of the most serious political crises Trump has faced.
PRESS ADVOCATES ALARMED
Free press advocates voiced alarm over the arrests. Actor and activist Jane Fonda went to show support for Lemon, telling journalists the president was violating the Constitution. “They arrested the wrong Don,” Fonda said.
Trump, who has castigated the protesters in Minnesota, blamed the Cities Church protest on “agitators and insurrectionists” who he said wanted to intimidate Christian worshippers.
Organizers told Lemon they focused on the church because they believed a pastor there was also a senior US Immigration and Customs Enforcement employee.
More than a week ago, the government arrested three people it said organized the protests. But the magistrate judge in St. Paul who approved those arrests ruled that, without a grand jury indictment, there was not probable cause to issue arrest warrants for Lemon and several others the Justice Department also wanted to prosecute.
“This unprecedented attack on the First Amendment and transparent attempt to distract attention from the many crises facing this administration will not stand,” Abbe Lowell, Lemon’s lawyer, said in a statement, invoking constitutional free speech protections.
In the livestream archived on his YouTube channel, Lemon can be seen meeting with and interviewing the activists before they go to the church, and later chronicling the disruption inside, interviewing congregants, protesters and a pastor, who asks Lemon and the protesters to leave.
Independent local journalist Georgia Fort and two others who had been at the church were also arrested and charged with the same crimes.
US Magistrate Judge Dulce Foster on Friday ordered Fort’s release, denying prosecutors’ request to hold her in custody, according to court documents.
TRUMP CRITICS TARGETED
The Justice Department over the past year has tried to prosecute a succession of Trump’s critics and perceived enemies. Its charges against former FBI Director James Comey and New York Attorney General Letitia James, who both led investigations into Trump, were thrown out by a judge.
Lemon spent 17 years at CNN, becoming one of its most recognizable personalities, and frequently criticizes Trump in his YouTube broadcasts. Lemon was fired by CNN in 2023 after making sexist on-air comments for which he later apologized.
Trump frequently lambastes journalists and news outlets, going further than his predecessors by sometimes suing them for damages or stripping them of access-granting credentials.
FBI agents with a search warrant seized laptops and other devices this month from the home of a Washington Post reporter who has covered Trump’s firing of federal workers, saying it was investigating leaks of government secrets.
Press advocates called the FBI search involving the Post reporter and the arrests of Lemon and Fort an escalation of attacks on press freedom.
“Reporting on protests isn’t a crime,” said Jameel Jaffer, executive director of Columbia University’s Knight First Amendment Institute. Jaffer called the arrests alarming, and said Trump sought “to tighten the vise around press freedom.”
Trump has said his attacks are because he is tired of “fake news” and hostile coverage.
Legal experts said they were unaware of any US precedent for journalists being arrested after the fact, or under the two laws used to charge Lemon and Fort. They include the Freedom of Access to Clinic Entrances Act, a 1994 measure that prevents obstructing access to abortion clinics and places of worship.
