9 Nov 2024

US judge pauses Donald Trump 2020 election case after presidency victory

7:35 am on 9 November 2024
WEST PALM BEACH, FLORIDA - NOVEMBER 06: Republican presidential nominee, former U.S. President Donald Trump arrives to speak during an election night event at the Palm Beach Convention Center on November 06, 2024 in West Palm Beach, Florida. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress.   Chip Somodevilla/Getty Images/AFP (Photo by CHIP SOMODEVILLA / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)

Photo: CHIP SOMODEVILLA / Getty Images via AFP

By Andrew Goudsward, Reuters

A US judge has set aside pending deadlines in President-elect Donald Trump's 2020 election subversion case after federal prosecutors said they were grappling with the "unprecedented circumstance" of his impending return to the White House.

US District Judge Tanya Chutkan in Washington approved a request from Special Counsel Jack Smith, who is prosecuting the criminal case, to set aside the deadlines, according to a court order, while they weigh its future.

Prosecutors wrote the delay was necessary "to afford the government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy".

Under a Justice Department policy dating back to the 1970s, a sitting president cannot be subject to criminal prosecution.

A source familiar with the matter told Reuters that the Justice Department was discussing how to wind down the case as Trump prepares to again assume the presidency.

Trump pleaded not guilty last year to four criminal charges accusing the Republican of conspiring to obstruct the collection and certification of votes following his 2020 defeat to Democrat Joe Biden. The effort by Trump and his allies to reverse Biden's victory culminated in the deadly 6 January 2021 attack on the US Capitol following a fiery speech by the then-president near the White house.

In the election, Trump defeated Democratic Vice President Kamala Harris, a victory all but certain to end two federal cases against him.

Trump's lawyers had been due to respond by 21 November to Smith's argument that the case can proceed after a US Supreme Court ruling giving former presidents broad immunity from prosecution over official actions taken while in office.

Smith said prosecutors would inform the judge by 2 December how they propose to move forward.

- Reuters

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