(WASHINGTON) — The judge in former President Donald Trump’s federal election interference case has paused all upcoming deadlines in the case, after special counsel Jack Smith filed a motion Friday requesting the pause.
As ABC News previously reported, Smith and the Justice Department are in talks about the best way to wind down the election case and his classified documents case, following Trump’s election victory on Tuesday.
The decision is based on longstanding Department of Justice policy that a sitting president cannot face criminal prosecution while in office, sources said.
“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,” Friday’s filing said. “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.”
“By December 2, 2024, the Government will file a status report or otherwise inform the Court of the result of its deliberations. The Government has consulted with defense counsel, who do not object to this request,” said the filing.
Trump last year pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in order to remain in power.
Smith subsequently charged Trump in a superseding indictment that was adjusted to respect the Supreme Court’s July ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken as president.
U.S. District Judge Tanya Chutkan has been in the process of considering how the case should proceed in light of the Supreme Court’s immunity ruling,
This is a developing story. Please check back for updates.
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