New York  -  The special prosecutor who brought two key criminal cases against Donald Trump has asked judges to drop both of them after his victory in the 2024 presidential election. Special counsel Jack Smith was overseeing cases accusing Trump of trying to overturn the 2020 election results and improperly storing classified documents after he left office.

Trump had pleaded not guilty in both cases.

In new documents filed on Monday, Mr Smith said the cases should be closed because of a Justice Department policy that bans the prosecution of a sitting president

“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith wrote in a filing in the election case.

“This outcome is not based on the merits or strength of the case against the defendant,” Smith added in the six-page filing.

A judge must sign off on both decisions for them to be officially dismissed. Smith requested both cases be dismissed “without prejudice”, meaning the charges could be refiled after Trump finishes his second term.

In a statement, Trump’s team said the move to end the cases was “a major victory for the rule of law”.

“The American People re-elected President Trump with an overwhelming mandate to Make America Great Again,” said Trump spokesperson Steven Cheung. “The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”

Trump had pledged to get rid of Smith as soon as he took office. Attorney General Merrick Garland appointed Smith in 2022 to take over the two federal investigations into Trump’s conduct. Smith has reportedly said he plans to step down next year.