A federal judge is granting special counsel Jack Smith’s request to cancel pretrial deadlines in the election subversion case against President-elect Donald Trump as the government finds a way to deal with his victory and looming inauguration.
Mr. Smith is winding down his cases against Mr. Trump because of a policy that dictates sitting presidents aren’t liable for criminal prosecution.
A motion filed with U.S. District Court Judge Tanya Chutkan on Friday said the government is deliberating its steps ahead of the Jan. 6 certification of Mr. Trump’s win and the Jan. 20 inauguration.
“The government respectfully requests that the court vacate the remaining deadlines in the pretrial schedule to afford the government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy,” Mr. Smith wrote.
The motion said government prosecutors will update the court on its deliberations by Dec. 2 and that Mr. Trump’s attorneys didn’t object to the request to cancel looming filing deadlines.
Judge Chutkan granted the request shortly after it was filed.
Mr. Smith secured an indictment alleging Mr. Trump conspired against the U.S. and its voters through his actions to contest his 2020 election loss to President Biden.
Trial in the case was delayed by a Supreme Court decision that held presidents can’t be prosecuted for official acts. The ruling didn’t kill the case, though Mr. Trump’s big victory over Vice President Kamala Harris probably will.
Mr. Trump’s Justice Department is expected to fire Mr. Smith and terminate the case, alongside a federal case over classified documents in Florida.
Other cases are more complicated. Mr. Trump faces sentencing in Manhattan on Nov. 26 for his conviction on 34 felony counts of falsifying business records.
New York Supreme Court Judge Juan Merchan is scheduled to decide on Tuesday whether Mr. Trump’s convictions should be annulled due to the U.S. Supreme Court’s ruling on presidential immunity.
If the convictions remain in place, Mr. Trump’s legal team is expected to seek a delay in Mr. Trump’s sentencing, given his status as president-elect.
It’s unclear what Judge Merchan will do. He could choose to sentence Mr. Trump before the inauguration, though he might be receptive to a delay amid the sensitivity of punishing a president-elect.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
