Special counsel assessing how to conclude federal cases against Trump after election victory

Special counsel Jack Smith is evaluating options to wind down two major federal cases involving Donald Trump after his presidential win. This consideration aligns with Justice Department policies that restrict the prosecution of sitting presidents, according to a source familiar with the situation.

Cases involve the 2020 election and classified documents

Trump, previously charged with attempting to overturn the 2020 election results and mishandling classified documents at his Mar-a-Lago residence, will likely see these cases halted. Department opinions safeguard presidents from being prosecuted while in office, making further legal action difficult as Trump prepares to assume the presidency.

Confidential source reveals Smith’s plans

The source, who spoke under anonymity, confirmed Smith’s efforts to avoid a conflict with Trump, who previously indicated he would dismiss Smith swiftly upon taking office. This would allow Trump to enter the White House unencumbered by criminal trials that once posed the risk of felony convictions and potential imprisonment.

Background on the charges and trials

Smith, appointed by Attorney General Merrick Garland in November 2022, had charged Trump with conspiring to overturn the election and retaining classified documents. The case involving classified materials was dismissed in July by Judge Aileen Cannon, who questioned the legality of Smith’s appointment. Although Smith appealed to the 11th Circuit, he is likely to drop the case while challenging the judge’s ruling to avoid setting a legal precedent.

2020 election interference trial on hold

Trump was due for trial in Washington in March, related to his alleged attempts to overturn the 2020 election and the subsequent Capitol riot. However, proceedings were paused as Trump argued presidential immunity, leading the matter to the U.S. Supreme Court. In a landmark July ruling, the Supreme Court expanded the immunity of former presidents for actions taken during their terms, affecting parts of Smith’s case.

Supreme Court ruling impacts the case

The ruling determined that discussions Trump had with the Justice Department could not be prosecuted, sending the case back to U.S. District Judge Tanya Chutkan to reassess which allegations could still be pursued. Smith’s team argued that Trump’s actions as a candidate should remain within the scope of the indictment. Trump’s legal team is set to respond this month.

New York and Georgia cases are also under scrutiny

Trump’s presidency could influence other legal battles. In New York, Trump is appealing a May conviction tied to a 2016 payment to Stormy Daniels. The verdict’s future hinges on a ruling expected Tuesday from Judge Juan M. Merchan, following the Supreme Court’s broader protection of presidential immunity.

The potential prison sentence for this case, scheduled for November 26 if upheld, ranges from probation to up to four years. While a president cannot dismiss state cases, Trump’s election win casts uncertainty over ongoing proceedings, including a case in Georgia related to alleged election interference.