Judge freezes criminal case against Trump related to 2020 election

Michael Macagnone, CQ-Roll Call on Nov 8, 2024

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WASHINGTON — Donald Trump’s victory in the Tuesday presidential election on Friday officially halted the criminal case tied to his alleged effort to overturn the 2020 election.

Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia on Friday granted a request from Special Counsel John L. “Jack” Smith to pause the case, acknowledging the “unprecedented circumstances” of a federal criminal defendant winning election.

Chutkan also ordered Smith to file a status report by Dec. 2 on a “proposed course” for the case to move forward.

It was the first official steps acknowledging that Trump’s victory means he will not face a courtroom reckoning for his effort to overturn the 2020 election and other charges against him for years, if ever.

Justice Department policy has long held that sitting presidents cannot face criminal charges, meaning active cases against Trump are expected to swiftly vanish come Jan. 20 when he takes office.

Pursuing civil cases against sitting presidents is complicated as well and will likely involve years of court fights over issues including the civil cases seeking damages for Trump’s role in the Jan. 6, 2021, attack on the Capitol and Trump’s fraud judgment in New York.

The two criminal cases brought by Smith will likely be dismissed first. Smith has spearheaded cases accusing Trump of masterminding the unsuccessful effort to overturn the 2020 election and illegally keeping classified documents unsecured in his Florida club after leaving office the first time.

A similar filing to Smith’s request in Washington will likely follow soon in the Florida case, which is currently on appeal.

Ahead of the election, Trump promised to fire Smith “within two seconds” of when he takes office. He’s also promised retribution against Smith and other prosecutors who pursued him, saying they themselves should face criminal charges.

Smith brought the cases against Trump in 2023, and Trump successfully delayed them multiple times. In the election case, Trump staved off a scheduled March trial by arguing that the presidency protected him from the charges, an argument the Supreme Court mostly blessed in July.

In the documents case, Trump convinced District Judge Aileen Cannon that Smith was unconstitutionally appointed and dismissed the case. Smith has appealed that decision, but it is likely to be dismissed when Trump takes office.

Cannon, who was initially appointed by Trump, is reportedly under consideration to become Trump’s attorney general.

In a letter Friday, House Judiciary Chairman Jim Jordan, R-Ohio, and House Administration Subcommittee on Oversight Chairman Barry Loudermilk, R-Ga., urged Smith to retain records in what they claimed was the “politicized prosecutions” of Trump.

“With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information,” the letter said.

Smith was appointed by Attorney General Merrick B. Garland in 2022 to take over existing investigations into Trump after he launched his reelection bid.

The letter offers the first preview of Trump allies’ efforts in Congress to buoy Trump’s promised retribution against his political opponents. Trump made a campaign of revenge central to his reelection bid, musing prosecution and other consequences for those who opposed him.

During an appearance on the Cats & Cosby podcast, Trump suggested deporting Smith, a U.S. citizen.

“We should throw Jack Smith out with the mentally deranged people,” he said. “Jack Smith should be considered mentally deranged and he should thrown out of the country.”

In posts on his social media platform Truth Social, Trump has threatened prosecution for his opponents beyond Smith, including “Lawyers, Political Operatives, Donors, Illegal Voters, & Corrupt Election Officials.”

Trump could still face charges or prison time after he leaves office in 2029, when he would be 82.