The Department of Justice is preparing to close the two federal criminal cases against President-elect Donald Trump ahead of his inauguration, following its policy that a sitting president cannot be prosecuted, sources tell NBC News.
This move reflects a shift from the aggressive stance previously taken by Special Counsel Jack Smith, who pursued charges related to election interference and classified document handling without regard to the election calendar.
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Now, with Trump set to assume the presidency, DOJ officials believe there’s no realistic path to a timely trial, given the complex appeals involved.
Smith and DOJ officials are reportedly weighing the logistics of winding down the cases, with unanswered questions around the future of the evidence, the status of co-defendants, and whether a final report will be issued.
Meanwhile, Trump’s legal team is strategizing how to leverage his electoral victory to end both federal and state cases. In New York, Trump faces a separate felony conviction with a sentencing hearing set for November 26, which his lawyers are seeking to delay or dismiss indefinitely.
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In Georgia, an election interference case against Trump remains on hold pending appeals about ethical concerns surrounding the district attorney.
A Trump campaign spokesperson declared that the former president’s reelection demonstrates a public demand for ending the “weaponization of our justice system,” with Trump pledging to focus on unifying the country.
This DOJ decision traces back to a 2000 memo, reinforcing a Watergate-era precedent that criminal proceedings against a sitting president would interfere with executive functions, leaving impeachment as the appropriate channel.
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