Special Counsel Jack Smith delivers remarks about an unsealed indictment against former President Donald Trump on Aug. 1, 2023, in Washington, D.C.
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Drew Angerer/Getty Images
Donald Trump started this year fighting two federal prosecutions that threatened to send him to prison. But he will end it free and clear of his most significant criminal legal problems.
With his resounding victory at the polls, and a longstanding Justice Department policy against prosecuting a sitting president, the key question is not if, but when, prosecutors move to dismiss or delay his federal election interference case in Washington, D.C.
Trump recently said he would fire special counsel Jack Smith “within two seconds” after he returned to the White House. Now, that won’t be necessary to bring his federal criminal trouble to an end.
Smith is taking steps to end both federal cases against Trump before the president-elect takes office, according to a source familiar with the Justice Department deliberations.
A grand jury in Washington indicted Trump this year on four felony charges in connection with his effort to cling to power in 2020, culminating in the violent siege on the U.S. Capitol on Jan. 6, 2021.
Judge Tanya Chutkan had set a trial date for March 2024, but that date came and went, after the Supreme Court accepted the case and ultimately handed Trump significant immunity from prosecution for official actions he took in the White House.
The judge is just now beginning to consider what parts of the prosecution’s case amount to official acts, and which are private conduct, of a person seeking rather than holding office. That process will likely stop soon, or after the inauguration in January.
The Justice Department has appealed in a separate criminal case against Trump that accuses the former president of hoarding classified documents at his Mar a Lago resort and refusing to the return them to the FBI.
Judge Aileen Cannon, who was appointed to the bench by Trump, dismissed the case on the first day of the Republican National Convention this year, reasoning that the way the special counsel had been appointed violates the Constitution. The Justice Department has been seeking review by a higher court, the U.S. Court of Appeals for the Eleventh Circuit.
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