A federal judge has approved special counsel Jack Smith’s request to pause pretrial deadlines in the election interference case involving President-elect Donald Trump, as reported by media outlets. The decision follows recent discussions Smith held with Justice Department officials on resolving Trump’s federal cases, which also include separate charges in Florida regarding classified document retention.
In a Friday brief, Smith’s team stated that, following the November 5, 2024 election, Trump is expected to be confirmed as president-elect by January 6, 2025, with the inauguration set for January 20. Given this unique situation, the government asked the court to vacate remaining deadlines to assess next steps in line with DOJ policy.
The DOJ’s Office of Legal Counsel has long advised against prosecuting a sitting president, referencing a 1973 memo highlighting potential disruption to executive duties. In this case, Smith has charged Trump with four felonies related to alleged attempts to overturn the 2020 election results, all of which Trump denies.
Trump’s defense team plans to submit arguments by November 21, seeking to dismiss the indictment based on Supreme Court precedent on presidential immunity. Further filings concerning immunity and related issues are scheduled for the coming weeks, coinciding with the presidential transition.
The president-elect did not object to eliminating upcoming deadlines, and Judge Tanya Chutkan, who is overseeing the trial, approved the motion.
Smith stated he will update the court by December 2 on the progress of discussions. Separately, Judge Aileen Cannon recently dismissed Trump’s case regarding classified documents in Florida, a ruling Smith is appealing, questioning his appointment’s legitimacy. Trump’s lawyers argue that his role as president-elect warrants an immediate halt to all four criminal cases against him.
