Jack Smith files motion to pause prosecutions against Trump
Quick Hit:
Following President-elect Donald Trump’s Tuesday victory, Special Counsel Jack Smith has requested a pause in the Jan. 6th case against him, citing longstanding Justice Department guidelines against prosecuting a sitting president. Prosecutors are now reassessing how to proceed given the unprecedented circumstances.
Key Details:
- Special Counsel Jack Smith filed a motion in Washington on Friday to pause all filing deadlines in the federal case alleging Trump’s involvement in attempts to overturn the 2020 election. Smith’s team cited the need to “assess this unprecedented circumstance” with the Justice Department.
- The Department of Justice policy prohibits prosecuting a sitting president, triggering Smith’s request for time until Dec. 2nd to submit a status report, at which point the special counsel's team expects to clarify their approach.
- Although this pause applies to the Jan. 6th case, a separate case involving Trump’s alleged mishandling of classified documents remains active under appeal, following a previous dismissal by Judge Aileen Cannon.
Diving Deeper:
POLITICO
reports that Special Counsel Jack Smith has formally requested that Judge Tanya Chutkan, who oversees the Jan. 6th election interference case, suspend all current deadlines as Trump transitions back to the Oval Office. Smith’s team argued that the Justice Department needs time to evaluate the case under a policy that prohibits prosecuting sitting presidents.
Smith’s team has asked the court for a new deadline of Dec. 2nd to provide an update on how they intend to proceed. In his filing, Smith highlighted the Justice Department’s policy, a longstanding guideline protecting a sitting president from criminal prosecution. Notably, the Jan. 6th case isn’t the only legal matter involving Trump that may be affected. Smith’s team has begun internal discussions about winding down both the election interference case and the federal case regarding classified documents, the latter of which was previously dismissed by Judge Cannon but remains under appeal.
The pause in the Jan. 6th case comes just as Trump’s defense was preparing a substantial filing due Nov. 21st, challenging the election interference charges on the grounds of Supreme Court rulings granting him immunity for actions taken during his time in office.