Judge pauses Trump 2020 election trial after election victory

WASHINGTON >> A judge today delayed stays in President-elect Donald Trump’s case to overturn the 2020 election after federal prosecutors said they were grappling with an “unprecedented situation” regarding Trump’s impending return to the White House.

U.S. District Judge Tanya Chutkan in Washington approved a request by Special Prosecutor Jack Smith, who is prosecuting the criminal case, to delay the court-ordered deadlines while his future is weighed.

Prosecutors wrote that the delay was necessary to “allow the Government time to evaluate this unprecedented situation and determine the appropriate path forward consistent with Department of Justice policy.”

Under the Justice Department’s policy dating back to the 1970s, a sitting president cannot be criminally prosecuted.

The Justice Department is discussing how to end the case as Trump prepares to assume the presidency again, a source familiar with the matter told Reuters on Wednesday.

Trump pleaded not guilty last year to four charges accusing the Republican of conspiring to obstruct the tallying and certification of votes following his 2020 defeat to Democrat Joe Biden. Efforts by Trump and his allies to overturn Biden’s victory culminated in the deadly attack on the US Capitol on January 6, 2021, after the then-president gave an impassioned speech near the White House.

In Tuesday’s election, Trump defeated Democratic Vice President Kamala Harris; The victory all but puts an end to two federal lawsuits against him.

Trump’s lawyers were scheduled to respond Nov. 21 to Smith’s claim that the case could proceed following the U.S. Supreme Court’s decision granting former presidents broad investigative immunity for official actions they took while in office.

Smith said prosecutors will let the judge know by Dec. 2 how they plan to proceed.