Federal Prosecutors Shift Gears as Trump Triumphs in Presidential Race, Wrapping Up Jan. 6 Case

Special counsel Jack Smith has requested a D.C. federal judge to suspend upcoming deadlines in the election interference case against President-elect Donald Trump, which revolves around the January 6, 2021, Capitol attack by Trump supporters. In an unopposed motion submitted to U.S. District Judge Tanya Chutkan, Smith’s team cited the “unprecedented circumstance” of a former president potentially returning to the White House after the election.

Prosecutors highlighted the implications of the November 5, 2024 election, stating Trump is likely to be certified as President-elect on January 6, 2025, with his inauguration scheduled for January 20, 2025. They urged the court to vacate remaining deadlines, allowing time for the government to assess its next steps in line with Department of Justice policy. This policy stems from a longstanding precedent that prohibits the prosecution of a sitting president.

A Justice Department memo from 1973 concluded that such prosecution would impair the president’s ability to fulfill their duties, a view reiterated in a 2000 memo. In the motion’s brief, prosecutors indicated they would provide an update by December 2 regarding their course of action. Judge Chutkan approved the motion shortly after its filing.

This legal development reflects a turning point for Trump, who ended his first term with dismal approval ratings amid the chaos following the Capitol riot. Despite facing multiple investigations and four felony indictments, Trump is now leading in key battleground states, increasing his odds of evading legal consequences.

Smith, who has faced Trump’s scathing criticism, is reportedly considering dropping the election interference case. Meanwhile, U.S. District Judge Aileen Cannon dismissed charges related to Trump’s purported mishandling of classified documents, a decision currently under appeal.

In Georgia, the case regarding Trump’s alleged conspiracy to overturn the 2020 election results faces delays due to controversies surrounding Fulton County District Attorney Fani Willis. Earlier this year, Trump was found guilty in New York on 34 felony counts for falsifying business records linked to hush money payments to Stormy Daniels during the 2016 campaign. However, the sentencing in that matter has been postponed after a Supreme Court ruling that granted presidents the presumption of criminal immunity for actions undertaken in their official capacity.

As Trump prepares for a possible return to the presidency, the November 26 sentencing in New York may also be delayed further.

Last updated 2:26 p.m., Nov. 8, 2024