WASHINGTON (AP) — Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before the president-elect takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.
BYWASHINGTON — Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before the president-elect takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.
The person familiar with Smith's plans was not authorized to discuss the matter by name and spoke on condition of anonymity to The Associated Press. In the 2020 election interference case, Trump was scheduled to stand trial in March in Washington, where more than 1,000 of his supporters have been convicted of charges for their roles in the Capitol riot. But the case was halted as Trump pursued his sweeping claims of immunity from prosecution that ultimately landed before the U.S. Supreme Court.
In response, Smith’s team last month filed a 165-page brief laying out new evidence to persuade the judge that the actions alleged in the indictment were taken in Trump's private capacity as a candidate — not as commander-in-chief — and therefore can remain part of the case. Trump’s lawyers are scheduled to file their response later this month.
Tried as a private citizen, his impending return to the White House could compel a court to step in and avoid the unprecedented spectacle of potentially locking up a former and future president.
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