Special counsel Jack Smith indicated on Friday that he could make a decision by December 2 regarding how to resolve Donald Trump’s criminal case related to the events of the 2020 election. He requested federal District Judge Tanya Chutkan to remove all upcoming deadlines so his office can evaluate how to proceed as Trump returns to the presidency, and she granted the request.
This marks the first indication from Smith that he is preparing to wind down the case against Trump. CNN has reported that the special counsel has already been engaged in active discussions with senior officials at the Justice Department about how to manage the case. “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.
“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 prosecutors wrote in a one-page filing. “By December 2, 2024, the Government will file a status report or otherwise inform the Court of the result of its deliberations.”
House Republicans are officially putting Smith on alert now that Trump is returning to the White House and the party has a chance of maintaining its majority in the House. House Judiciary Chairman Jim Jordan and GOP Rep. Barry Loudermilk, who is leading the investigation into the former January 6 committee, sent a letter to Smith instructing him to preserve his records and comply with their earlier requests. Trump has repeatedly stated his intention to fire Smith and terminate the federal cases against him related to efforts to overturn the 2020 presidential election and the mishandling of classified documents.
Smith, who has been instrumental in prosecuting cases against Trump in recent years, has faced intense criticism from Trump’s supporters and from Trump himself. The former president had previously pledged to remove Smith “within two seconds” of taking office. However, a Fox News report suggests that Smith may not even hold his current position by the time Trump is sworn in on January 20th. According to DOJ insiders, Smith’s tenure as special counsel could conclude sooner, potentially shutting down ongoing investigations related to Trump’s legal issues. [see video below]
The cases overseen by Smith involve Trump’s alleged attempts to contest the 2020 election results, as well as the high-profile documents case, which is currently under appeal after being dismissed by U.S. District Judge Aileen Cannon last summer. The Justice Department’s longstanding policy against prosecuting a sitting president is also anticipated to protect Trump from future legal issues as he takes office. Analysts believe that these factors could lead to Smith’s departure and the formal conclusion of these cases before Trump is inaugurated. Also, several legal experts have described both cases as political in nature and devoid of legitimate criminal activity on the part of the president-elect.
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