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Washington — Special counsel Jack Smith on Monday sought to end his bid to revive the case against President-elect Donald Trump arising from his alleged mishandling of sensitive government documents, which would bring to a close the historic and unprecedented case against the nation's 45th and 47th president. In a filing with the U.S. Court of Appeals for the 11th Circuit, Smith cited Trump's recent victory over Vice President Kamala Harris in the November presidential election and referred to longstanding Justice Department policy that forbids the prosecution of a sitting president. The district court judge presiding over Trump's case, U.S. District Judge Aileen Cannon, had ruled earlier this year that the charges should be dismissed because Smith was unlawfully appointed. The special counsel appealed the decision, but has now asked the 11th Circuit to dismiss his appeal. In his brief filing , Smith cited a separate request to dismiss his other case involving Trump, which involves an alleged scheme to overturn the 2020 election. The special counsel said in that filing submitted to a federal judge in Washington, D.C., that after consultation with the Justice Department's Office of Legal Counsel, "the department's position is that the Constitution requires that this case be dismissed before the defendant is inaugurated." "The American people re-elected President Trump with an overwhelming mandate to make America great again. Today's decision by the DOJ ends the unconstitutional federal cases against President Trump and is a major victory for the rule of law," Steven Cheung, Trump's spokesman, said in a statement. "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." It's likely the courts will grant each of the special counsel's requests in the two cases, marking the culmination of the monthslong prosecutions against Trump. In the documents case, dismissing the appeal as to Trump would leave in place the lower court's order tossing out the charges against him. The appeal will continue as to Trump's two co-defendants, Walt Nauta and Carlos de Oliveira, because unlike the president-elect, "no principle of temporary immunity applies to them," Smith wrote. "The special counsel's decision to proceed in this case even after dismissing it against President Trump is an unsurprising tribute to the poor judgment that led to the indictment against Mr. De Oliveira in the first place," John Irving, de Oliveira's lawyer, said in a statement. "Just because you can doesn't mean you should. If they prefer a slow acquittal, that's fine with us." A lawyer for Nauta declined to comment. Trump became the first former president to face federal charges when a grand jury returned an indictment against him in June 2023. The prosecution came months after FBI agents conducted a court-authorized search of Trump's South Florida property, Mar-a-Lago, in August 2022 and recovered more than 100 documents marked classified that he kept after his first term ended in January 2021. Following the search, Trump mounted a separate legal battle that brought the appointment of an independent arbiter to sift through the material seized by the FBI, though the 11th Circuit ordered an end to that review in late 2022. Smith was appointed by Attorney General Merrick Garland in November of that year to take over the federal investigation into Trump's handling of sensitive government records and pursued charges against the president-elect for unlawfully retaining national defense information and attempting to obstruct the Justice Department's probe. Trump was charged alongside two employees, Nauta, an aide, and de Oliveira, the property manager as Mar-a-Lago. Trump, Nauta and de Oliveira pleaded not guilty to all charges. The president-elect claimed his prosecution was a politically motivated attempt to harm his candidacy in the race for a second term. Prosecutors used court filings to reveal information about how Trump allegedly stored records containing the nation's secrets at his resort, as well as how he, with his co-defendants, allegedly engaged in a scheme to deceive federal investigators and stymie their probe. They included photos showing boxes of material stacked on the stage in Mar-a-Lago's ballroom and in a bathroom on the property. Other images taken by the FBI during its August 2022 search show boxes of records in a storage room and in Trump's office, some of which prosecutors said contained highly sensitive information alongside personal keepsakes and other items from his presidency. Cannon initially set a trial date for May 20, 2024, but she postponed the proceedings weeks before they were set to begin. The president-elect and his lawyers attempted to have the case against him dismissed on a variety of grounds, claiming he was selectively prosecuted, he was shielded from federal charges by presidential immunity and Smith was appointed in violation of the Constitution. Trump succeeded in persuading Cannon that the special counsel's appointment and funding for his office were unlawful, and she ordered the case to be dismissed in July. But Smith appealed the decision to the 11th Circuit. Both he and Trump's lawyers submitted filings with the court presenting their views on Cannon's ruling, though the court had not yet set a date for arguments. It was expected that an eventual decision from the 11th Circuit would wind up before the Supreme Court. The documents case was one of two that Smith brought against Trump. In Washington, D.C., he faced charges related to an alleged attempt to subvert the transfer of power after the 2020 presidential election. The president-elect pleaded not guilty to the four counts he faced there, and the dispute landed before the Supreme Court as Trump argued presidential immunity shielded him from prosecution. He was also charged by local prosecutors in separate cases in Fulton County, Georgia, and New York City. The New York case stemmed from a hush-money payment made to adult film actor Stormy Daniels after the 2016 election, and a jury found Trump guilty of 34 felonies in May, making him the first former president convicted of a crime. He was set to be sentenced last month in New York, but it was delayed . The Fulton County case involved an alleged plot by Trump to overturn the results of the 2020 election in Georgia. He pleaded not guilty to charges in the sprawling racketeering case brought by District Attorney Fani Willis. Proceedings had been halted, though, while a state appeals court considered whether Willis should be disqualified from the case. It's unclear how Trump's victory will affect his prosecution in Fulton County. Trump's bid for a second term loomed over his prosecutions, as it was widely expected his federal cases would be dropped if he succeeded in winning the White House. Now, Smith has sought to bring an end to both of the historic prosecutions of the former and next president. Once both cases are settled, Smith is likely to file a final report with the attorney general, as is required by special counsel regulations, and is expected to resign from his post before Trump is sworn into office on Jan. 20, two sources familiar with Smith's plans previously told CBS News. Garland has pledged to publicly release all special counsel reports completed during his tenure — a commitment he has so far upheld — and he is likely to do so for Smith's report, too. Should the disclosure of Smith's findings stall and be delayed into the Trump administration, the odds of its release become increasingly slim as the president-elect has said he intends to nominate many of his top defense attorneys to leadership roles within the Justice Department. Todd Blanche and Emil Bove, who defended Trump in the two federal cases and in New York, are set to serve as deputy attorney general and principal associate deputy attorney general respectively, two powerful posts within the Justice Department. Trump has said he will nominate former Florida Attorney General Pam Bondi for the top job as attorney general. Donald Trump Melissa Quinn is a politics reporter for CBSNews.com. She has written for outlets including the Washington Examiner, Daily Signal and Alexandria Times. Melissa covers U.S. politics, with a focus on the Supreme Court and federal courts.Biden opens final White House holiday season with turkey pardons and first lady gets Christmas tree WASHINGTON (AP) — President Joe Biden has kicked off his final holiday season at the White House, issuing the traditional reprieve to two turkeys who will bypass the Thanksgiving table to live out their days in Minnesota. The president welcomed 2,500 guests under sunny skies as he cracked jokes about the fates of “Peach” and “Blossom.” He also sounded wistful tones about the last weeks of his presidency. Separately, first lady Jill Biden received the delivery of the official White House Christmas tree. And the Bidens are traveling to New York later Monday for an early holiday celebration with members of the Coast Guard. Formula 1 expands grid to add General Motors' Cadillac brand and new American team for 2026 season LAS VEGAS (AP) — Formula 1 will expand the grid in 2026 to make room for an American team that is partnered with General Motors. The approval ends years of wrangling that launched a federal investigation into why Colorado-based Liberty Media, would not approve the team initially started by Michael Andretti, who has since stepped aside. The 11th team will be called Cadillac F1 and be run by new Andretti Global majority owners Dan Towriss and Mark Walter. The team will use Ferrari engines its first two years until GM has a Cadillac engine built for competition in time for the 2028 season. US goalkeeper Alyssa Naeher is retiring from international soccer U.S. women’s national team goalkeeper Alyssa Naeher is retiring from international soccer. Naeher is on the team’s roster for a pair of upcoming matches in Europe but those will be her last after a full 11 years playing for the United States. Naeher was on the U.S. team that won the Women’s World Cup in 2019 and the gold medal at this year's Olympics in France. She’s the only U.S. goalkeeper to earn a shutout in both a World Cup and an Olympic final. Bah, humbug! Vandal smashes Ebenezer Scrooge's tombstone used in 'A Christmas Carol' movie LONDON (AP) — If life imitates art, a vandal in the English countryside may be haunted by The Ghost of Christmas Yet to Come. Police in the town of Shrewsbury are investigating how a tombstone at the fictional grave of Ebenezer Scrooge was destroyed. The movie prop used in the 1984 adaption of Charles Dickens' “A Christmas Carol” had become a tourist attraction. The film starred George C. Scott as the cold-hearted curmudgeon who is visited by three ghosts on Christmas Eve who show him what will become of his life if he doesn’t become a better person. West Mercia Police say the stone was vandalized in the past week. Megachurch founder T.D. Jakes suffers health incident during sermon at Dallas church DALLAS (AP) — The founder of Dallas-based megachurch The Potter's House, Bishop T.D. Jakes, was hospitalized after suffering what the church called a “slight health incident.” Jakes was speaking to churchgoers after he sat down and began trembling as several people gathered around him Sunday at the church. Jakes' daughter Sarah Jakes Roberts and her husband Touré Roberts said in a statement on social media late Sunday that Jakes was improving. The 67-year-old Jakes founded the non-denominational The Potter's House in 1996 and his website says it now has more than 30,000 members with campuses in Fort Worth and Frisco, Texas; and in Denver. At the crossroads of news and opinion, 'Morning Joe' hosts grapple with aftermath of Trump meeting The reaction of those who defended “Morning Joe” hosts Joe Scarborough and Mika Brzezinski for meeting with President-elect Trump sounds almost quaint in the days of opinionated journalism. Doesn't it makes sense, they said, for hosts of a political news show to meet with such an important figure? But given how “Morning Joe” has attacked Trump, its viewers felt insulted. Many reacted quickly by staying away. It all reflects the broader trend of opinion crowding out traditional journalist in today's marketplace, and the expectations that creates among consumers. By mid-week, the show's audience was less than two-thirds what it has typically been this year. Pilot dies in plane crash in remote woods of New York, puppy found alive WINDHAM, N.Y. (AP) — Authorities say a pilot and at least one dog he was transporting died when a small plane crashed in the snowy woods of the Catskill Mountains, though a puppy on the flight was found alive with two broken legs. The Greene County sheriff’s office says Seuk Kim of Springfield, Virginia, was flying from Maryland to Albany, New York, when the plane crashed at about 6:10 p.m. Sunday in a remote area. Officials believe the pilot died from the impact. The surviving dog was hospitalized, while a third dog was not located. The flight was connected with a not-for-profit group that transports rescue animals. Warren Buffett gives away another $1.1B and plans for distributing his $147B fortune after his death OMAHA, Neb. (AP) — Investor Warren Buffett renewed his Thanksgiving tradition of giving by announcing plans Monday to hand more than $1.1 billion of Berkshire Hathaway stock to four of his family's foundations, and he offered new details about who will be handing out the rest of his fortune after his death. Buffett has said previously that his three kids will distribute his remaining $147.4 billion fortune in the 10 years after his death, but now he has also designated successors for them because it’s possible that Buffett’s children could die before giving it all away. Buffett said he has no regrets about his decision to start giving away his fortune in 2006. Pop star Ed Sheeran apologizes to Man United boss Ruben Amorim for crashing interview MANCHESTER, England (AP) — British pop star Ed Sheeran has apologized to Ruben Amorim after inadvertently interrupting the new Manchester United head coach during a live television interview. Amorim was talking on Sky Sports after United’s 1-1 draw with Ipswich on Sunday when Sheeran walked up to embrace analyst Jamie Redknapp. The interview was paused before Redknapp told the pop star to “come and say hello in a minute.” Sheeran is a lifelong Ipswich fan and holds a minority stake in the club. He was pictured celebrating after Omari Hutchinson’s equalizing goal in the game at Portman Road. A desert oasis outside of Dubai draws a new caravan: A family of rodents from Argentina AL QUDRA LAKES, United Arab Emirates (AP) — A desert oasis hidden away in the dunes in the far reaches of skyscraper-studded Dubai has drawn a surprising new set of weary world travelers: a pack of Argentinian rodents. A number of Patagonian mara, a rabbit-like mammal with long legs, big ears and a body like a hoofed animal, now roam the grounds of Al Qudra Lakes, typically home to gazelle and other desert creatures of the United Arab Emirates. How they got there remains a mystery in the UAE, a country where exotic animals have ended up in the private homes and farms of the wealthy. But the pack appears to be thriving there and likely have survived several years already in a network of warrens among the dunes.Federal prosecutors moved to dismiss the criminal charges against President-elect Donald Trump that accused him of plotting to overturn the 2020 election and to abandon the classified documents case against him, citing longstanding Justice Department policy that says sitting presidents cannot face criminal prosecution. The decision by special counsel Jack Smith, who had fiercely sought to hold Mr Trump criminally accountable for his efforts to subvert the 2020 election, represented the end of the federal effort against the former president following his election victory this month despite the election-related cases and multiple other unrelated criminal charges against him. The move, announced in court papers, marks the end of the Justice Department’s landmark effort to hold Mr Trump accountable for what prosecutors called a criminal conspiracy to cling to power in the run-up to his supporters’ attack on the US Capitol on January 6 2021. The Justice Department says that Donald Trump cannot be tried in accordance with a policy that says sitting presidents cannot be prosecuted (Evan Vucci/AP) Mr Smith’s team emphasised that the move to abandon the prosecutions, in federal courts in Washington and Florida, was not a reflection of their view on the merits of the cases but rather a reflection of their commitment to longstanding department policy. “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,” the prosecutors wrote in Monday’s court filing in the election interference case. The decision was expected after Mr Smith’s team began assessing how to wind down both the 2020 election interference case and the separate classified documents case in the wake of Mr Trump’s victory over Vice President Kamala Harris. The Justice Department believes Trump can no longer be tried in accordance with longstanding policy that says sitting presidents cannot be prosecuted. Mr Trump has cast both cases as politically motivated and has vowed to fire Mr Smith as soon as he takes office in January. President-elect Donald Trump will be sworn in as the 47th president of the United States on January 20 (Brandon Bell/Pool via AP) However, it quickly stalled amid legal fighting over Mr Trump’s sweeping claims of immunity from prosecution for acts he took while in the White House. The US Supreme Court in July ruled for the first time that former presidents have broad immunity from prosecution, and sent the case back to US 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. Mr Smith’s team filed a lengthy brief in October laying out new evidence they planned to use against him at trial, accusing him of “resorting to crimes” in an increasingly desperate effort to overturn the will over voters after he lost to President Joe Biden.
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AP News Summary at 5:57 p.m. ESTEnglishman Davis scores late to grab point for Udinese
