Special counsel considers how to wind down 2 federal cases against Trump

WASHINGTON — 

Special counsel Jack Smith is evaluating however to upwind down the 2 U.S. national cases against Donald Trump earlier helium takes bureau successful airy of longstanding Justice Department argumentation that says sitting presidents cannot beryllium prosecuted, a idiosyncratic acquainted with the substance said Wednesday.

Smith charged Trump past twelvemonth with plotting to overturn the results of the 2020 statesmanlike predetermination and illegally hoarding classified documents astatine his Mar-a-Lago estate. But Trump's predetermination decision of Kamala Harris means that the Justice Department believes helium tin nary longer look prosecution successful accordance with decades-old section ineligible opinions meant to shield presidents from transgression charges portion successful office.

The idiosyncratic acquainted with Smith's plans was not authorized to sermon the substance by sanction and spoke connected information of anonymity to The Associated Press.

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

NBC News archetypal reported Smith's plans.

Smith's 2 cases complaint Trump successful a conspiracy to undo the predetermination results successful the run-up to the Capitol riot, and with 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 the Atlanta-based 11th U.S. Circuit Court of Appeals, wherever the petition is pending.

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

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

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

In response, Smith's squad past period filed a 165-page little laying retired caller grounds to transportation the justice that the actions alleged successful the indictment were taken successful Trump's backstage capableness arsenic a campaigner — not arsenic commander-in-chief — and truthful tin stay portion of the case. Trump's lawyers are scheduled to record their effect aboriginal this month. Whatever Chutkan rules is expected to beryllium appealed again to the Supreme Court, meaning a imaginable proceedings would beryllium apt a twelvemonth oregon much away.