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Trump is also accused of seeking to disenfranchise US voters with his false claims that he won the 2020 election.
Smith charged Trump with mishandling top secret documents after leaving the White House, but that case was tossed out by a federal judge in Florida, a Trump appointee, on the grounds that Smith was unlawfully appointed.
Smith had appealed that dismissal but is now expected to drop the appeal.
Trump also faces two state cases – in New York and Georgia.
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