Jack Smith Wants Time to Assess ‘Unprecedented Circumstance’ of Trump Win

Special counsel Jack Smith on Friday asked a judge for more time to assess how to proceed in a pending election-interference case against President-elect Donald Trump following his victory in this week’s presidential election.
“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” Smith wrote in a new court filing. “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 said in his filing that the government would file a status report in the case by December 2. He added that prosecutors had consulted with Trump’s lawyers, “who do not object to this request.”
U.S. District Judge Tanya Chutkan, who is overseeing the case, granted Smith’s request shortly after it was filed.
“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,” she wrote.
The special counsel’s filing came after it was reported earlier this week that Smith was consulting with Justice Department officials about how to go about winding down his pending criminal cases against Trump after the former president won the U.S. election.
Smith’s office is currently prosecuting Trump over his efforts to overturn the results of the 2020 presidential election, as well as his handling of classified government documents that he took with him after leaving the White House in January 2021.
But Trump’s victory against Vice President Kamala Harris in the November 5 election reportedly changed Smith’s calculus about pursuing the charges, given longstanding Justice Department policy that bars the prosecution of a sitting president.
CBS News reported Wednesday that there are “active discussions” happening between Justice Department officials and Smith’s team “about how they can best wind down” the cases against Trump.
Trump, for his part, has pledged to fire Smith as special counsel upon returning to the White House in January. He was asked about the matter in an interview with conservative radio host Hugh Hewitt on October 24.
“It’s so easy,” Trump said. “I would fire him within two seconds. He’ll be one of the first things addressed.”
“In fact, he’s a crooked person,” Trump added.
Update 11/08/24, 1:37 p.m. ET: This article was updated with additional information.