WASHINGTON (AP) — Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before he takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a pers
WASHINGTON — Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before he 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. The classified documents case has been stalled since July when a Trump-appointed judge, Aileen Cannon, dismissed it on grounds that Smith was illegally appointed. Smith has appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, where the request is pending.
Trump could be emboldened by the Supreme Court’s ruling in July, which granted former presidents expansive immunity from prosecution for acts taken in the White House and explicitly put off-limits any alleged conduct involving Trump’s discussions with the Justice Department. That included his efforts use the Justice Department to conduct sham election fraud investigations as part of his bid to stay in power.
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