11-8-2024, 4:19 PM

Judge Grants Jack Smith's Request to Pause Jan. 6 Case Following Trump’s Election

Jack Smith / Video Screenshot

On Friday, a judge halted proceedings in the criminal election meddling case against President-elect Donald Trump, signaling the prosecution's expected conclusion.

Special Counsel Jack Smith, whose team is pursuing Trump in federal court in Washington, D.C., requested the pause.

In a one-paragraph brief, Smith requested more time for U.S. District Judge Tanya Chutkan to "determine the appropriate course going forward consistent with Department of Justice policy." By December 2, prosecutors would give the court additional facts, he said. Smith's appeal was promptly granted by Chutkan, who also threw out the other deadlines she had set. Smith suggested that the government produce a report "indicating its proposed course for this case going forward" by early December, and she mandated that the government do so.

“By December 2, 2024, the Government will file a status report or otherwise inform the Court of the result of its deliberations,” Smith wrote in a filing Friday.

Trump will be sworn in for a second term on January 20 after defeating Vice President Kamala Harris in the White House election on Tuesday. The Justice Department and the office of the special counsel are debating how to conclude the current criminal prosecutions against Trump in light of his victory.

“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,” they added.

Smith claims that Trump engaged in an illegal plot to thwart the handover of power following the 2020 election, which has led to four federal indictments against him. He denied any misconduct and entered a not guilty plea.

As Trump argued that he was exempt from federal prosecution all the way to the Supreme Court, the case's proceedings were put on hold for months. In July, the Supreme Court decided that accusations resulting from official acts during the White House could not be brought against past presidents.

In order to comply with the Supreme Court's decision, a grand jury in August produced a fresh indictment against Trump that restricted the charges against him. In court documents, the two sides have been debating the validity of the new charges.

In a different case Smith filed in South Florida, Trump was also charged with mishandling secret data and attempting to obstruct the Justice Department's investigation. However, earlier this year, U.S. District Judge Aileen Cannon, who was presiding over the case, declared that the special counsel's appointment was unlawful, and the 40 accusations against him were dismissed.

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