Smith Taps Brakes on Trump Prosecution

Judge agrees to postpone deadlines, a sign the election case will be halted
By Bob Cronin,  Newser Staff
Posted Nov 8, 2024 2:57 PM CST
Smith Taps Brakes on Trump Prosecution
Special counsel Jack Smith addresses reporters in August 2023.   (AP Photo/J. Scott Applewhite, File)

Special counsel Jack Smith suggested for the first time to a court that his election interference case against Donald Trump will come to an end. "The defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025," the filing Friday says. It then asks that upcoming deadlines in the case be postponed "to afford the Government time to assess this unprecedented circumstance and determine the appropriate course" in light of Justice Department policy, Politico reports. The court granted his request, per the New York Times.

Trump is charged with conspiring to overturn Joe Biden's victory in the 2020 election and refusing to return classified documents he took to Florida when he left office. The trial judge threw out the documents case, but prosecutors have appealed. Smith has made no similar request in that case. The policy the filing refers to says presidents in office cannot be prosecuted; officials in the Justice Department appear to concede that no trial could begin before Trump takes office. A major pretrial filing was due Nov. 21; Smith's office now says it will inform the court of its next step by Dec. 2.

Also on Friday, two Republican House chairmen gave Smith a deadline, per Politico. Judiciary Committee Chair Jim Jordan and Administration Oversight subcommittee Chair Barry Loudermilk released a letter indicating they want to investigate Smith's handling of the cases. They told Smith to preserve records and begin turning some of them over by Nov. 22. Trump denounced Smith during his campaign and said he'd fire him within his first minute in office. (More Jack Smith stories.)

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