Special counsel evaluating how to wind down two federal cases against Trump after presidential win

(6 Nov 2024)
RESTRICTION SUMMARY: PART MUST CREDIT DANA VERKOUTEREN
 
ASSOCIATED PRESS
ARCHIVE: Washington – 1 August 2023
1. Special Counsel Jack Smith approaches podium

ASSOCIATED PRESS
New York – 28 May 2024
2. STILL of Donald Trump in court
 
ASSOCIATED PRESS
Washington – 9 June 2023
3. STILL of Special Counsel Jack Smith walking
 
ASSOCIATED PRESS – MUST CREDIT DANA VERKOUTEREN
Washington – 3 August 2023
4. STILL court sketch of Donald Trump in courtroom

ASSOCIATED PRESS
Washington – 6 November 2024
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5. SOUNDBITE (English) Eric Tucker, The Associated Press:
“Special Counsel Jack Smith is evaluating how to wind down the two federal criminal cases against Donald Trump before he takes office in January. We're hearing that from a person familiar with Smith's thinking. Now, this is a result of a longstanding Justice Department policy that says sitting presidents cannot be prosecuted. And we're told that Smith intends to comply with that policy and move to end both of the cases before Trump is inaugurated in January. That would avert a definite collision or clash with Trump, who has pledged to fire Smith within two seconds of taking office. Just as a reminder, the two criminal cases involve allegations that Trump plotted to overturn the results of the 2020 election and a separate case charging him with illegally hoarding classified documents at his Mar-a-Lago estate in Florida.”

POOL
ARCHIVE: New York – 30 May 2024
6. Donald Trump walks toward the press after leaving courtroom
 
ASSOCIATED PRESS
Washington – 6 November 2024
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7. SOUNDBITE (English) Eric Tucker, The Associated Press:
“Trump also faces a critical court date this month in a state level hush money prosecution in New York. That's a case that resulted in his conviction last spring. It's a case in which he was charged with falsifying business records to cover up a hush money payment to a porn actor who alleged that she had sex with Trump in 2006. Trump was convicted of 34 felony counts. He's likely going to argue now that there's no way that the case can proceed toward sentencing in light of the fact that he's going to take office in January. And we'll have to see how the judge responds.”
STORYLINE:
Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before he takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.
 
Associated Press reporter Eric Tucker says this would avoid a collision with between Smith and Trump.
 
“That would avert a definite collision or clash with Trump, who has pledged to fire Smith within two seconds of taking office,” Tucker said.
 
The two criminal cases involve allegations that Trump plotted to overturn the results of the 2020 election, and a separate case charging him with illegally hoarding classified documents at his Mar-a-Lago estate in Florida.
 
An important court date in Trump’s New York hush money case is approaching, how that will proceed is in question considering Trump’s election win.
 
“It's a case in which he was charged with falsifying business records to cover up a hush money payment to a porn actor who alleged that she had sex with Trump in 2006. Trump was convicted of 34 felony counts. He's likely going to argue now that there's no way that the case can proceed toward sentencing in light of the fact that he's going to take office in January. And we'll have to see how the judge responds,” Tucker said.