The judge presiding over Donald Trump’s 2020 election interference case suspended all remaining court deadlines on Friday, allowing prosecutors time to assess “the appropriate course going forward” after Trump’s victory in the presidential election.
Special Counsel Jack Smith had charged Trump last year with attempting to overturn the 2020 election results and illegally retaining classified documents at his Mar-a-Lago property. However, given longstanding Department of Justice policy that restricts the prosecution of sitting presidents, Smith’s team is evaluating how to wrap up both federal cases before Trump assumes office, according to a source familiar with the situation who spoke to The Associated Press.
Trump’s victory over Vice President Kamala Harris means that, in line with Department of Justice legal guidance aimed at protecting presidents from criminal prosecution while in office, he is now considered immune from prosecution.
Trump has denounced both cases as politically motivated, stating he would dismiss Smith “within two seconds” of taking office.
In a filing submitted on Friday in the election case, Smith’s team requested a halt to any forthcoming court deadlines, citing a need to “assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
U.S. District Judge Tanya Chutkan promptly granted the request, instructing prosecutors to file court documents outlining their “proposed course for this case” by December 2.
Trump had initially been scheduled for trial in March in Washington, where more than 1,000 of his supporters have been convicted in connection with the Capitol riot. His case, however, was put on hold as Trump advanced his claims of immunity from prosecution, which ultimately reached the U.S. Supreme Court.
In July, the Supreme Court ruled that former presidents are generally immune from prosecution, returning the case to Judge Chutkan to determine which allegations in the indictment could proceed.
Since July, the classified documents case has been on hold after Judge Aileen Cannon, a Trump appointee, dismissed it, asserting that Smith’s appointment was unlawful. Smith has appealed this decision to the 11th U.S. Circuit Court of Appeals in Atlanta, where a decision on reviving the case is still pending. Although Smith appears to be considering withdrawing the documents case against Trump, he is likely to continue challenging Cannon’s ruling on his appointment’s legality, given the potential precedent that ruling could set.
