In a move signifying the expected end of the prosecution, Special Counsel Jack Smith has asked a judge to pause proceedings in President-elect Donald Trump's D.C. election interference case brought by the U.S. Department of Justice (DOJ).
"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," Smith wrote in a one-page filing.
Jack Smith seeks to “pause” the current schedule in the DC “election interference” case
— Phil Holloway ✈️ (@PhilHollowayEsq) November 8, 2024
Says they’ll report by 12-2-24 the results of their “deliberations” on what to do next
This is the first step towards ending the federal lawfare pic.twitter.com/rY7CNXg1Mb
Smith accordingly requested that the court vacate the remaining deadlines in the pre-trial schedule to "afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward with Department of Justice policy."
A longstanding DOJ policy essentially prohibits the department from prosecuting a sitting U.S. president.
According to a 2000 memo from the department's Office of Legal Counsel, which affirms a Watergate-era conclusion, prosecuting a sitting U.S. president would "unduly interfere in a direct or formal sense with the conduct of the presidency." Such a prosecution violates the separation of powers doctrine, the policy argues.
The memo points to the "effect that an indictment would have on the operations of the executive branch," noting that "an impeachment proceeding is the only appropriate way to deal with a President while in office."
By December 2, the prosecution will file a status report or "otherwise inform the Court of the result of its deliberations," Smith said, noting that they've consulted with Trump's team, which does not object to this request.
Trump's triumph in the 2024 presidential election earlier this week signaled a death blow to the DOJ's lawfare crusade against him.
On the day after the election, it was reported that the DOJ had already begun making moves to wind down their two federal criminal cases against Trump before he takes office.
"Now that Trump will become president again, DOJ officials see no room to pursue either criminal case against him — and no point in continuing to litigate them in the weeks before he takes office," sources told NBC News. However, it's up to Smith to decide exactly how to unwind the charges, they caveated.
The post-election concession flies in Smith's face after he recently pushed to proceed with the prosecution in Trump's January 6 case without regard for the electoral calendar.
Meanwhile, the GOP-led U.S. House Judiciary Committee is demanding that Smith retain all relevant records related to the Trump probes before the end of the month. The congressional committee expressed concerns that federal prosecutors will "purge" records to circumvent oversight.
Jack Smith should preserve all records.
— Rep. Jim Jordan (@Jim_Jordan) November 8, 2024
w/@RepLoudermilk pic.twitter.com/OOMS8uKS9q
In a scathing letter addressed to Smith, Chairman Jim Jordan (R-OH) and Rep. Barry Loudermilk (R-GA) warned that the Office of Special Counsel "is not immune from transparency or above accountability for its actions."
This is a breaking story and will be updated.