Special counsel evaluating how to wind down two federal cases against Trump after presidential win

WASHINGTON (AP) — Special counsel Jack Smith is evaluating really to upwind down nan two national cases against Donald Trump earlier he takes agency successful ray of longstanding Justice Department argumentation that says sitting presidents cannot beryllium prosecuted, a personification acquainted pinch nan matter said Wednesday.

Smith charged Trump past twelvemonth pinch plotting to overturn nan results of nan 2020 statesmanlike election and illegally hoarding classified documents astatine his Mar-a-Lago estate. But Trump’s predetermination conclusion of Kamala Harris intends that nan Justice Department believes he tin nary longer look prosecution successful accordance pinch decades-old section ineligible opinions meant to shield presidents from criminal charges while successful office.

The personification acquainted pinch Smith’s plans was not authorized to talk nan matter by sanction and said connected information of anonymity to The Associated Press.

By moving to extremity nan cases earlier nan inauguration successful January, Smith and nan Justice Department would avert a imaginable showdown pinch Trump. The president-elect said arsenic precocious arsenic past month that he would occurrence Smith, who was appointed successful November 2022 by Attorney General Merrick Garland, “within 2 seconds” of taking office.

NBC News first reported Smith’s plans.

Smith’s 2 cases complaint Trump successful a conspiracy to undo nan predetermination results successful nan run-up to nan Capitol riot, and pinch retaining apical concealed records astatine his Mar-a-Lago property successful Florida and obstructing FBI efforts to retrieve them.

The classified documents lawsuit has been stalled since July erstwhile a Trump-appointed judge, Aileen Cannon, dismissed it connected grounds that Smith was illegally appointed. Smith has appealed to nan Atlanta-based 11th U.S. Circuit Court of Appeals, wherever nan petition is pending.

In nan 2020 predetermination interference case, Trump was scheduled to guidelines proceedings successful March successful Washington, wherever much than 1,000 of his supporters person been convicted of charges for their roles successful nan Capitol riot. But nan lawsuit was halted arsenic Trump pursued his sweeping claims of immunity from prosecution that yet landed earlier nan U.S. Supreme Court.

Trump could beryllium emboldened by nan Supreme Court’s ruling successful July, which granted erstwhile presidents expansive immunity from prosecution for acts taken successful nan White House and explicitly put off-limits immoderate alleged behaviour involving Trump’s discussions pinch nan Justice Department. That included his efforts usage nan Justice Department to behaviour sham predetermination fraud investigations arsenic portion of his bid to enactment successful power.

The conservative-majority Supreme Court sent nan lawsuit backmost to U.S. District Judge Tanya Chutkan to find which of nan different allegations successful nan indictment, if any, could move guardant to trial.

In response, Smith’s squad past period revenge a 165-page brief laying retired caller grounds to seduce nan judge that nan actions alleged successful nan indictment were taken successful Trump’s backstage capacity arsenic a campaigner — not arsenic commander-in-chief — and truthful tin stay portion of nan case. Trump’s lawyers are scheduled to record their consequence later this month. Whatever Chutkan rules is expected to beryllium appealed again to nan Supreme Court, meaning a imaginable proceedings would beryllium apt a twelvemonth aliases much away.