Jack Smith asks judge to put Trump's election interference case on ice

• Prosecutors are seeking to vacate remaining deadlines in Donald Trump's election interference case.
• Special counsel Jack Smith cited the "unprecedented circumstance" of Trump's reelection.
• Justice Department policy says a sitting president cannot be prosecuted while in office.

Prosecutors in the federal election interference case against President-elect Donald Trump are seeking to vacate all remaining deadlines, citing the "unprecedented circumstance" of the former president's reelection.

In a new court filing on Friday, special counsel Jack Smith said "as a result of the election" held on November 5, Trump is expected to be certified as President-elect on January 6 and inaugurated on January 20.

"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," the filing read.

There is long-standing Justice Department policy that a sitting president cannot be prosecuted while in office.

The motion said Smith and his team "will file a status report or otherwise inform the Court of the result of its deliberations" by December 2.

"The Government has consulted with defense counsel, who do not object to this request," the filing read.

A grand jury indicted Trump on felony charges alleging he subverted the 2020 election.

Over the last month, the federal judge overseeing the election interference case released a trove of prosecutors' evidence against Trump.

This is a developing story and will be updated.

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