Special counsel moves to wind down Trump criminal cases before he takes office

Securing the presidency might lead to dismissing several federal criminal charges, and state-level cases could be put on hold until he finishes his term.

Special counsel Jack Smith is looking into how to address the two federal cases against Trump before the president-elect takes office. This evaluation is shaped by the longstanding Justice Department policy that prevents the prosecution of sitting presidents, as per a source familiar with the matter.

Smith had previously accused Trump of trying to overturn the 2020 election results and illegally keeping classified documents at his Mar-a-Lago estate. However, Trump's electoral win over Kamala Harris indicates that the Justice Department now thinks he cannot be prosecuted due to legal interpretations that protect presidents from criminal charges while they are in office.

By trying to resolve the cases before the January inauguration, Smith and the Justice Department hope to prevent a potential clash with Trump, who said just last month that he would fire Smith “in two seconds” if he were to take office. It would also mean that Trump to step into the White House without the overshadowing legal risk of federal criminal charges that could have led to felony convictions and imprisonment.

This would allow Trump to enter the White House free from the legal burdens of federal criminal charges that previously posed risks of felony convictions and prison time. 

Donald J. Trump’s expected victory over Kamala Harris in the 2024 presidential election marks a surprising comeback for the former president, who left the White House in 2021 after failing to overturn the 2020 election results. He also made history as the first former president to face both state and federal charges, having four separate indictments, including one that led to a conviction.

Trump launched his 2024 campaign in November 2022 at his Florida residence, shortly after Republicans fell short of expectations for a “red wave” in the midterm elections. His campaign emphasized themes of retribution, anti-immigration views, and a continued populist shift in his economic and social policies.

He kicked off his first rally in Waco, Texas, on March 24, 2023, marking the 30th anniversary of the standoff between federal agents and the Branch Davidian cult led by David Koresh, which ended with the deaths of 82 members. Trump referred to his campaign as the “final battle” and vowed to seek revenge on those he viewed as his political enemies.