Special Counsel Jack Smith asked Washington, DC Judge Tanya Chutkan to vacate all deadlines in his January 6 case against President-elect Donald Trump.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025. 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.
“By December 2, 2024, the Government will file a status report of otherwise inform the Court of the result of its deliberations,” he continued. “The Government has consulted with defense counsel, who do not object to this request.”
Chutkan granted the motion: “MINUTE ORDER as to DONALD J. TRUMP: The Government’s 278 Unopposed Motion to Vacate Briefing Schedule is hereby GRANTED,” All remaining deadlines in the pretrial schedule are VACATED. By December 2, 2024, the Government shall file a status report indicating its proposed course for this case going forward. Signed by Judge Tanya S. Chutkan on 11/8/2024. (zcll)”
A memo from 2000 explains that Department of Justice (DOJ) policy prohibits the deaprmtn from conducting a “criminal prosecution of a sitting President,” as it would “impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
The Supreme Court ruled earlier this year that a former president has substantial immunity from prosecution for official acts committed while in office.
“Now if an incumbent who loses a very close, hotly contested election knows that a real possible nullity after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent,” Justice Samuel Alito said of charging a former president.
The decision stems from Smith’s federal election interference case in which he charged former President Trump with “conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.”
The House Judiciary Committee has also demanded that Smith’s office preserve its records surrounding the 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 Office of Special Counsel is not immune from transparency or above accountability for its actions,” House Judiciary Committee Chairman Jim Jordan (R-OH) and Chairman of the House Administration Subcommittee on Oversight Rep. Barry Loudermilk (R-GA) wrote in a letter.
“You should construe this preservation notice as an instruction to take all reasonable steps to prevent the destruction or alteration, whether intentionally or negligently, of all documents, communications, and other information, including electronic information and metadata, that are or may be responsive to this congressional inquiry,” the letter added. “This instruction includes all electronic messages sent using official and personal accounts or devices, including records created using text messages, phone-based message applications, or encryption software.”
