Special Counsel Jack Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and holding classified documents at his Florida home. But Smith's team has been evaluating how to wind down the two federal cases before the president-elect takes office because of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter told The Associated Press.
Trump's victory over Vice President Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.
In a court filing Friday in the 2020 election case, Smith's team asked to cancel any upcoming court deadlines, saying it needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy."
U.S. District Judge Tanya Chutkan quickly granted the request, and ordered prosecutors to file court papers with their “proposed course for this case” by Dec. 2.
