Justice Department officials are planning to continue pursuing federal criminal cases against Donald Trump beyond Election Day, regardless of the election outcome, as reported by The Washington Post. This decision is based on the understanding that Department of Justice rules prohibiting the charging or prosecution of a sitting president would not come into effect until Inauguration Day in January.
The Supreme Court recently ruled that Trump may be able to claim immunity from criminal prosecution for certain actions taken towards the end of his presidency. This ruling is expected to further delay a trial on federal election subversion charges filed by special counsel Jack Smith, potentially allowing Trump to avoid pre-election trials for significant criminal prosecutions, including his conviction in a hush money trial in May.
Officials not involved in the special counsel's deliberations have indicated that the DOJ policy against criminally charging a sitting president may not apply to a president-elect. Therefore, even if Trump were to win re-election in November, he could potentially face trial before his inauguration in January 2025.
A spokesperson for Smith's office declined to provide a comment on the matter. In addition to the federal election subversion charges, Trump is also confronting numerous federal charges related to the alleged mishandling of classified documents. The judge overseeing this case, also brought by Smith, postponed the trial indefinitely in May due to significant issues concerning classified evidence that need to be resolved before proceeding to trial.
