Officials within the Justice Department have cited a memo by the Office of Legal Counsel from 2000, which asserts that a criminal prosecution of a sitting president would disrupt the constitutional balance of powers. According to the memo, such actions would impede the president’s ability to perform his official duties.

The memo further argues that impeachment should be the sole mechanism for addressing presidential misconduct while in office, thereby reinforcing the administration's current stance towards the ongoing cases.

Former AG Bill Barr Supports Decision to Discontinue

Bill Barr, the former Attorney General, has expressed his support for this approach. He stated that once Trump is inaugurated for his second term, continuing the prosecutions will become legally untenable.

Barr also mentioned that the Attorney General appointed by Trump would have the authority to terminate any federal cases, including those initiated by Special Counsel Jack Smith in both Washington, D.C., and Florida.

The case in Washington, D.C., centers around allegations that Trump attempted to overturn the results of the 2020 presidential election. Meanwhile, in Florida, Trump faces accusations related to the mishandling of classified documents after his presidency concluded in 2020.

State Prosecutions Remain Unaffected

Despite the federal halts, Barr noted that Trump cannot halt ongoing state prosecutions. These include cases in Georgia and New York, which are independent of federal jurisdiction and therefore not impacted by the Justice Department’s decision.

Barr criticized the continuation of legal actions against Trump, describing them as distractions that the country does not need. He emphasized that such actions would only serve to hinder the administration's focus on governance.

According to Barr, the electoral victory which led to Trump’s re-election was a clear mandate from the public, aware of the criminal allegations against him. He argues that this should compel state prosecutors to also dismiss their cases against Trump, respecting the electoral decision.

Legal Memo Highlights Impeachment as Sole Remedy

The Office of Legal Counsel's memo explicitly states that impeachment is the appropriate method for addressing presidential misconduct while the president is in office. This reinforces the Justice Department's stance against prosecuting a sitting president.

"In light of the effect that an indictment would have on the operations of the executive branch, ‘an impeachment proceeding is the only appropriate way to deal with a President while in office,’" the memo elaborates.

Bill Barr Urges Respect for Electoral Decision

Barr emphasized that the American people had every opportunity to consider the legal challenges against Trump and yet chose to re-elect him. He stated, "The American people have rendered their verdict on President Trump, and decisively chosen him to lead the country for the next four years."

"They did that with full knowledge of the claims against him by prosecutors around the country and I think Attorney General [Merrick] Garland and the state prosecutors should respect the people’s decision and dismiss the cases against President Trump now," Barr added, further pushing for the cessation of all prosecutions against Trump.

"Further maneuvering on these cases in the weeks ahead would serve no legitimate purpose and only distract the country and the incoming administration from the task at hand," Barr concluded, emphasizing the need to focus on governance over legal entanglements.