Jack Smith signals end to J6 prosecution against Trump, asks judge for month delay

DOJ has a long policy against prosecuting sitting presidents.

Published: November 8, 2024 12:34pm

Updated: November 8, 2024 12:55pm

Special Prosecutor Jack Smith signaled Friday he may end his Jan. 6 election interference prosecution against Donald Trump, asking for a month delay in the case to consider options in the aftermath of the elections.

Smith specifically mentioned Tuesday's election that returned Trump to the White House in seeking the delay.

The Justice Department "respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance," Smith's team wrote.

The delay, his team noted, would give prosecutors time to "determine the appropriate course going forward consistent with Department of Justice policy."

You can read the full memo here.

The action was not surprising. DOJ has a long policy against prosecuting sitting presidents, and sources told multiple news outlets this week DOJ was looking for a way to wind down the prosecution.

Smith, in early October, submitted a filing to U.S. District Judge Tanya Chutkan, arguing that Trump's conduct ought not fall under the scope of presidential immunity. The lengthy filing drew rebuke from Trump, who called it "falsehood-ridden" and "unconstitutional."

"Deranged Jack Smith, the hand picked Prosecutor of the Harris-Biden DOJ, and Washington, D.C. based Radical Left Democrats, are HELL BENT on continuing to Weaponize the Justice Department in an attempt to cling to power," he said at the time.

Trump further said in late October that he would fire Smith in "two seconds" if elected to the presidency.

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