Special Counsel Jack Smith filed a motion on Friday to vacate all deadlines in the 2020 election interference case against President-elect Donald Trump in Washington, D.C. This move, while expected, does not completely drop the case against him. The decision aligns with the Department of Justice's policy against bringing criminal charges against a sitting president.
Although the case has not been officially dismissed, it seems to be heading in that direction. Smith announced that his team will provide an updated report on the case's status against Trump on December 2.
For Trump, this news likely comes as a relief, as he had previously threatened to fire Smith if re-elected. Smith was appointed by Attorney General Merrick Garland in 2022 to investigate alleged attempts by Trump and his associates to overturn the 2020 election results, as well as Trump's handling of classified documents post-presidency.
Reports indicate that the Department of Justice is looking to wind down the criminal cases against Trump in D.C. and Florida, citing a memo from the Office of Legal Counsel that deems investigating a sitting president for federal criminal charges as a violation of the separation of powers doctrine.
Smith had indicted Trump in D.C. earlier this year for his alleged efforts to overturn the election outcome and also brought federal charges against him in Florida for mishandling classified documents.
Former Attorney General Bill Barr recommended that Smith cease the federal cases in both locations, emphasizing adherence to DOJ policy. While Trump still faces charges in Georgia and New York, Barr urged local prosecutors and judges to move past the spectacle of prosecuting the president-elect.
Looking ahead, the presiding judge in the New York case is expected to decide whether to proceed with felony conviction proceedings against Trump before he takes office or consider claims of presidential immunity expanded by the Supreme Court earlier this year.
