Trump Prosecutions Likely to Be Dropped Before Inauguration
Special Counsel Jack Smith, overseeing the federal criminal cases against Donald Trump, is expected to drop the prosecutions before Trump is sworn in as president, Bloomberg reports, citing a Justice Department official.
The official, who requested anonymity due to the sensitive nature of the information, stated that Smith is evaluating how to wind down the two federal cases against Trump in order to comply with a Justice Department policy that prohibits the prosecution of a sitting president. However, Smith may still seek to prosecute two of Trump’s co-defendants in the case related to the alleged attempt to overturn the 2020 election results.
Smith charged Trump with illegally trying to remain in office after losing the 2020 election to President Joe Biden. In a separate case, he charged Trump with illegally retaining classified documents and obstructing federal efforts to retrieve them after leaving the White House.
The Justice Department policy, established in 2000, states that “the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
Several questions remain unanswered about how the prosecutions will end. It is unclear whether Trump’s co-defendants in the classified documents case can still be prosecuted, particularly after a federal judge in Florida dismissed the case, ruling that Attorney General Merrick Garland lacked the authority to appoint and fund a special counsel. The Justice Department is currently appealing this ruling.
Smith’s future with the Justice Department is also uncertain. He may choose to leave the special counsel position when Trump takes office, but it’s unclear whether he would leave the department entirely or move to another position. If he remains with the Justice Department, Trump could attempt to fire him upon taking office.
The mechanics of how the cases will be wound down will become clear in the coming days as court deadlines approach. The special counsel’s office is scheduled to file a document with the 11th US Circuit Court of Appeals on November 15 regarding the classified documents case. Trump’s lawyers are due to submit filings on November 21 to a federal court in Washington regarding the election interference case.
