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Jack Smith granted pause in federal prosecution of President-elect Trump after election

D.Nguyen31 min ago

With President-elect Donald Trump set to take office in January, special counsel Jack Smith filed a motion on Friday requesting a federal court to grant a pause on the government's prosecution of Trump for his role in the Jan. 6, 2021, at the U.S. Capitol.

Smith said that given the results of Tuesday's election, his office "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 request was almost immediately granted after Trump's attorneys did not object to the motion.

The case is one of two brought by Smith and the federal government against Trump. The other involved Trump allegedly illegally storing classified documents at his residence in Florida after leaving office in 2021.

Trump has said he would fire Smith as soon as he takes office.

The Department of Justice has a long-standing rule that current presidents cannot be indicted, prosecuted or jailed in a criminal case while in office.

More recently, the Supreme Court ruled that presidents cannot be prosecuted for crimes that involve official acts. The Supreme Court ruling forced multiple prosecutions of Trump to be paused as prosecutors determined whether any of the alleged crimes Trump committed were official acts.

Smith's announcement does not have any baring on Trump's legal case in New York where he was found guilty over the summer for falsifying business records. Trump was scheduled to be sentenced later this month, but it's unclear whether that sentencing will move forward given the results of Tuesday's election.

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