Special counsel Jack Smith has now provided the first public signs that he is likely winding down his criminal case against President-elect Donald Trump.
On Friday, federal prosecutors asked U.S. District Judge Tanya Chutkan to pause all deadlines in the ongoing Washington case for election interference in 2020, citing a need to “assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Chutkan responded within minutes, granting the request.
This D.C. case marked the best shot to hold Trump accountable this year for trying to halt the peaceful transfer of power in 2020. Trump is still a convicted felon after losing a separate criminal trial in New York earlier this year for falsifying business records, and he is awaiting sentencing scheduled for later this month.
The DOJ continues to hold firm its stance that it cannot prosecute a sitting president. Trump is positioned to kill off any investigation upon returning to the White House.
That means Smith has 73 days to close out the investigation and potentially issue some kind of final report, which could be made public by Attorney General Merrick Garland. Any such move could be seen as inflaming already heightened partisan tensions.
Smith’s request Friday is essentially asking to rip up the current calendar, which aimed to push the case along at a fast pace after an extensive detour to the Supreme Court that delayed what could have been a disastrous trial for Trump. Prosecutors now need these next few weeks to figure out how to deal with the case — and prepare for Trump’s presidency.
Trump has promised to exact his revenge on prosecutors who did their jobs, judges who handled the cases and journalists who covered them. Smith and his team know that Trump could fire them all come January, at which point he could also prevent the DOJ from releasing any information gathered by investigators.
“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 acknowledged.
President Joe Biden delivered a speech at the White House Rose Garden this week ensuring that there will be a peaceful transfer, despite the fact that he warned Americans that Trump posed an existential threat to democracy.
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Jose Pagliery is a reporter at NOTUS.