WASHINGTON – The judge overseeing Donald Trump’s 2020 election interference case canceled any remaining court deadlines Friday while prosecutors assess the “the appropriate course going forward” in light of the Republican’s presidential victory.
Special Counsel Jack Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Smith's team has been evaluating how to wind down the two federal cases before the president-elect takes office because of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter told The Associated Press.
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Trump's victory over Vice President Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.
Trump has criticized both cases as politically motivated, and has said he would fire Smith “within two seconds” of taking office.
In a court filing Friday in the 2020 election case, Smith's team asked to cancel any upcoming court deadlines, saying it needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy."
U.S. District Judge Tanya Chutkan quickly granted the request, and ordered prosecutors to file court papers with their “proposed course for this case” by Dec. 2.
Trump had been scheduled to stand trial in March in Washington, where more than 1,000 of his supporters have been convicted of charges for their roles in the Capitol riot. But his case was halted as Trump pursued his sweeping claims of immunity from prosecution that ultimately landed before the U.S. Supreme Court.
The Supreme Court in July ruled that former presidents have broad immunity from prosecution, and sent the case back to Chutkan to determine which of the the allegations in the indictment can move forward.
The classified documents case has been stalled since July when a Trump-appointed judge, Aileen Cannon, dismissed it on grounds that Smith was illegally appointed. Smith has appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, where the request to revive the case is pending. Even as Smith looks to withdraw the documents case against Trump, he would seem likely to continue to challenge Cannon’s ruling on the legality of his appointment given the precedent such a ruling would create.