Special Counsel Jack Smith has filed a motion questioning former President Donald Trump’s federal judge election interference case to suspend all upcoming deadlines in the case.
As ABC News previously reported, Smith and the Department of Justice they are in talks about the best way to end the election case and its classified documents case after Trump’s election victory on Tuesday.
The decision is based on longstanding Justice Department policy that the president cannot face criminal charges while in office, the sources said.
“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,” he said in Friday’s filing. “The Government respectfully asks the Court to allow the remaining time on the pre-trial calendar for the Government to assess this unprecedented circumstance and determine the appropriate course of action consistent with Department of Justice policy.”
“By December 2, 2024, the Government will submit a status report or otherwise notify the Court of the outcome of its deliberations. The Government has consulted with defense counsel, and they do not oppose this request,” the filing says.
This is a developing story. Please check back for updates.