A federal judge has approved a request from special counsel Jack Smith to pause deadlines in the election interference case involving United States President-elect Donald Trump, according to media reports.
This decision follows discussions Smith initiated earlier this week with Justice Department officials regarding the resolution of Trump’s federal criminal cases, which include separate charges in Florida concerning the retention of classified documents.
In a brief submitted on Friday, Smith’s team explained that due to the recent election on November 5, 2024, Trump is anticipated to be confirmed as president-elect on January 6, 2025, with his inauguration set for January 20, 2025.
The government requested that the court vacate the remaining pretrial deadlines to allow time to evaluate this “unprecedented situation” and determine the appropriate next steps in accordance with Department of Justice policy.
The Justice Department’s Office of Legal Counsel has advised against the criminal prosecution of a sitting president, citing concerns that such actions could undermine the executive branch’s ability to fulfill its constitutional responsibilities. This guidance stems from a memo issued in 1973.
In the ongoing case, special counsel Smith has charged the former president with four felonies related to efforts to overturn the 2020 election results. Trump has pleaded not guilty to the charges.
Trump’s legal team is expected to submit their written arguments by November 21, asserting that the indictment should be dismissed in light of the Supreme Court’s ruling on presidential immunity.
Additional deadlines for filings concerning immunity and other related issues are set for the upcoming weeks, coinciding with the presidential transition period.
The president-elect did not oppose the request to eliminate upcoming deadlines and Judge Tanya Chutkan, who is overseeing the trial, approved the motion.
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Special Counsel Jack Smith indicated that he would provide another update to the court by December 2 to inform the judge about the outcomes of discussions.
In a related matter, Judge Aileen Cannon dismissed Trump’s case regarding the retention of classified documents in Florida, a decision that Smith is currently appealing on the grounds that his appointment was deemed unlawful.
Trump’s legal team argues that his status as president-elect necessitates an immediate suspension of all four criminal prosecutions against him.
