The judge overseeing Donald Trump’s 2020 election interference case cancelled any remaining court deadlines on Friday after prosecutors said they need time to assess “the appropriate course going forward” following the Republican’s presidential victory this week.
Special Counsel Jack Smith charged Mr Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate.
But Mr Smith’s team has been evaluating how to wind down the two federal cases before the president-elect takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted.
Mr Trump’s victory over Vice President Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.
The president-elect has criticised both cases as politically motivated, and has said he would fire Mr Smith “within two seconds” of taking office.
In a court filing on Friday in the 2020 election case, Mr Smith’s team said it needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy”.
US District Judge Tanya Chutkan quickly granted the request, and ordered prosecutors to file court papers with their “proposed course for this case” by December 2.
Mr Trump had been scheduled to stand trial in March in Washington, where more than 1,000 of his supporters have been convicted of charges for their roles in the Capitol riot.
But his case was halted as Mr Trump pursued his sweeping claims of immunity from prosecution that ultimately landed before the US Supreme Court.
The Supreme Court in July ruled that former presidents have broad immunity from prosecution, and sent the case back to Ms Chutkan to determine which of the the allegations in the indictment can move forward.
The classified documents case has been stalled since July when a Trump-appointed judge, Aileen Cannon, dismissed it on grounds that Mr Smith was illegally appointed.
Mr Smith has appealed to the Atlanta-based 11th US Circuit Court of Appeals, where the request to revive the case is pending.
Even as Mr Smith looks to withdraw the documents case against Mr Trump, he would seem likely to continue to challenge Ms Cannon’s ruling on the legality of his appointment given the precedent such a ruling would create.
