Special counsel Jack Smith on Friday requested a federal court in Washington, D.C., to vacate the remaining deadlines in the 2020 election subversion case against President-elect Donald Trump, signaling a likely end to one of two federal criminal cases against him.
Smith signaled his plans to stop pursuing two criminal indictments against Trump earlier this week after a spokesperson for the special counsel’s office circulated a memorandum on the Justice Department’s long-standing policy that the agency is precluded from prosecuting an incoming or sitting president.
“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,” Smith wrote, noting Trump will be inaugurated on Jan. 20, 2025.
Smith’s separate classified documents case against Trump had already been dismissed by a federal district court judge, though the special counsel’s office attempted to revive the case at the U.S. Court of Appeals for the 11th Circuit.
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Both cases are unlikely to continue as Trump has vowed to fire Smith in “two seconds” if the special counsel remains at the DOJ when Trump assumes office in January.
This is a developing story and will be updated.
