The U.S. Department of Justice and special counsel Jack Smith are actively assessing how to manage and potentially wind down two major federal cases against President-elect Donald Trump as he prepares to return to the White House, according to sources familiar with the matter. The discussions center around the DOJ's long-standing policy prohibiting the prosecution of a sitting president, raising questions about the future of high-profile investigations that have gripped the nation for months.
The deliberations mark a shift in the Justice Department's stance, which, up until the election, had proceeded aggressively with cases against Trump, including charges stemming from alleged election interference and the handling of classified documents. Now, DOJ officials appear to be grappling with the reality that a trial is unlikely before Trump takes office and could be politically and legally impractical once he assumes the presidency.
"This is both sensible and unfortunate," said Chuck Rosenberg, a former federal prosecutor and NBC News contributor. Rosenberg pointed to the unprecedented nature of Trump's legal troubles combined with his electoral victory as creating a unique and challenging legal and political landscape.
In the classified documents case, Trump was accused of unlawfully retaining sensitive government records after leaving the White House in January 2021. Prosecutors claimed Trump, with the assistance of aides Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, obstructed justice. Trump, Nauta, and De Oliveira pleaded not guilty. However, a ruling earlier this year by Judge Aileen Cannon, declaring Smith's appointment unconstitutional, led to a dismissal of the charges. An appeal is pending.
The second case against Trump involves allegations of orchestrating an illegal scheme to retain power after the 2020 election. Trump, maintaining his innocence, has cited presidential immunity as his defense. The Supreme Court ruled in July that former presidents cannot be charged for actions taken while in office, complicating the proceedings, which have since resumed under U.S. District Judge Tanya Chutkan.
Sources suggest that DOJ officials are exploring options for winding down these cases, including whether charges could be refiled after Trump's presidency and what should happen to the evidence collected thus far. The potential impact on Trump's co-defendants, as well as the broader implications for the justice system, remain significant considerations.
The situation underscores the politically charged nature of Trump's legal entanglements. Special counsel Smith's team, led by career prosecutors, has faced accusations of politically motivated prosecutions-a claim Trump has consistently levied. Steven Chung, a spokesperson for Trump's campaign, framed the developments as vindication, stating, "The American people have re-elected President Trump with an overwhelming mandate... It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system."
Legal experts acknowledge the complexity of attempting to prosecute a sitting president. The Justice Department's position on prosecuting a president is rooted in a 2000 memo from its Office of Legal Counsel, affirming that doing so would "unduly interfere...with the conduct of the presidency."
The stakes are high not just for Trump but for the legal and political precedents at play. In the election interference case, Trump faces charges including conspiracy to defraud the United States and obstruction of an official proceeding. The classified documents case involves counts of willful retention of national defense information and conspiracy to obstruct justice, among others.
Legal analysts, like former U.S. attorney Joyce Vance, expressed concerns about the implications of halting proceedings. "The idea that you could win an election to avoid justice just cuts so deeply against my expectations for our legal system and for our politics too," Vance said, emphasizing that a jury trial is the cornerstone of the American justice process.
While some observers believe Trump may ultimately avoid federal legal repercussions, others point out that state-level cases-such as the one in Georgia regarding election interference-remain ongoing and could present separate challenges. Trump's team is reportedly strategizing to have outstanding cases dismissed or delayed, a goal made more pressing by his return to power.
