By Jacob Fishler | AZ Mirror
Special counsel Jack Smith, the prosecutor in the federal criminal cases against President-elect Donald Trump, asked a D.C. federal judge on Friday to suspend deadlines in the election interference case that centered on Trump’s supporters’ Jan. 6, 2021, attack on the U.S. Capitol.
To allow the government time to mull the “unprecedented circumstance” of a former president under indictment returning to the White House after Tuesday’s election, Smith’s team, writing in an unopposed motion to U.S. District Judge Tanya Chutkan, called for upcoming deadlines in the case to be cleared.
Under U.S. Justice Department precedent that dates to the Watergate era, the department may not prosecute a sitting president.
“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 prosecutors wrote.
“The Government respectfully requests that the Court vacate the remaining deadlines in this pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the best appropriate course going forward consistent with Department of Justice policy.”