Special counsel Jack Smith takes first step to halt Trump prosecution
Special counsel Jack Smith has postponed a series of deadlines in the Washington, D.C., criminal case against Donald Trump for seeking to subvert the 2020 election.
The move Friday was Smith’s first public acknowledgement that the case cannot continue in light of Trump’s imminent return to power.
U.S. District Court Judge Tanya Chutkan promptly granted Smith’s request for a postponement. She gave him a little more than three weeks to decide on his next steps.
In a terse, one-page court filing, Smith acknowledged Trump’s victory Tuesday has upended the case, prompting prosecutors to ask for more time to determine how to proceed.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” prosecutors in the special counsel’s office wrote.
“The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy,” they wrote.
Justice Department officials had foreshadowed this move earlier this week, guided by longstanding agency policy that prohibits pursuing charges against a sitting president. The postponement of the deadlines appears to be a precursor to the charges being dropped altogether and for Smith’s likely exit from the department before Trump is inaugurated in January.
In the filing, Assistant Special Counsel Molly Gaston said the Justice Department would provide a further update on the “result of its deliberations” on the case by Dec. 2. Trump’s legal team agreed to the postponement.
During the campaign, Trump repeatedly vowed to fire Smith promptly on taking office. He even said Smith should be removed from the United States.
Smith’s filing came at almost the precise moment that House Judiciary Committee Chair Jim Jordan and House Administration Oversight Subcommittee Chair Barry Loudermilk issued a letter signaling their intent to probe Smith’s conduct. The two GOP lawmakers, who are likely to reclaim their powerful perches in the next Congress, told Smith to begin turning over some records by Nov. 22.
In addition to the case in Washington charging Trump with conspiring to block Joe Biden’s inauguration as president following the 2020 election, Smith also brought a criminal case against Trump in Florida over his refusal to return a hoard of classified information he kept at his Mar-a-Lago estate after leaving office.
The move Friday was Smith’s first public acknowledgement that the case cannot continue in light of Trump’s imminent return to power.
U.S. District Court Judge Tanya Chutkan promptly granted Smith’s request for a postponement. She gave him a little more than three weeks to decide on his next steps.
In a terse, one-page court filing, Smith acknowledged Trump’s victory Tuesday has upended the case, prompting prosecutors to ask for more time to determine how to proceed.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” prosecutors in the special counsel’s office wrote.
“The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy,” they wrote.
Justice Department officials had foreshadowed this move earlier this week, guided by longstanding agency policy that prohibits pursuing charges against a sitting president. The postponement of the deadlines appears to be a precursor to the charges being dropped altogether and for Smith’s likely exit from the department before Trump is inaugurated in January.
In the filing, Assistant Special Counsel Molly Gaston said the Justice Department would provide a further update on the “result of its deliberations” on the case by Dec. 2. Trump’s legal team agreed to the postponement.
During the campaign, Trump repeatedly vowed to fire Smith promptly on taking office. He even said Smith should be removed from the United States.
Smith’s filing came at almost the precise moment that House Judiciary Committee Chair Jim Jordan and House Administration Oversight Subcommittee Chair Barry Loudermilk issued a letter signaling their intent to probe Smith’s conduct. The two GOP lawmakers, who are likely to reclaim their powerful perches in the next Congress, told Smith to begin turning over some records by Nov. 22.
In addition to the case in Washington charging Trump with conspiring to block Joe Biden’s inauguration as president following the 2020 election, Smith also brought a criminal case against Trump in Florida over his refusal to return a hoard of classified information he kept at his Mar-a-Lago estate after leaving office.
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