Jack Smith Asks Court To Pause Trump Election Case After Ex-President’s Win

Topline

Special Counsel Jack Smith asked the judge overseeing former President Donald Trump’s criminal case over the 2020 election to pause all deadlines in the case while prosecutors figure out how to move forward after Trump’s presidential win, as reports suggest Smith plans to end his prosecutions against Trump before the ex-president retakes the White House.

Key Facts

Smith asked U.S. District Judge Tanya Chutkan to pause all deadlines in the federal case—over Trump’s efforts to overturn the 2020 election—saying it will file a status report on Dec. 2 about how prosecutors plan to proceed.

Smith cited Trump’s election as the reason for the pause, saying the government needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”

Reports after Trump’s win suggested Smith and the DOJ are examining how to end their two criminal cases against Trump before Inauguration Day, as they’re planning to follow longstanding DOJ policy that prevents sitting presidents from being prosecuted.

Smith also has to write a final report about his investigations into Trump before ending his work as special counsel, which Attorney General Merrick Garland is expected to make public if he finishes during the Biden administration, but would likely remain private were Smith to submit the report to a future Trump-appointed attorney general.

Trump has vowed to fire Smith “within two seconds” when he takes office, if the special counsel hasn’t finished up his work by the time Trump takes office.

This story is breaking and will be updated.