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November 8, 2024

In a recent legal development, U.S. District Judge Tanya Chutkan agreed to pause pre-trial proceedings in the January 6 federal case against former President Donald Trump, responding to a motion filed by Special Counsel Jack Smith’s team. The motion, submitted on Friday, seeks a temporary hold on the case while the Justice Department evaluates how to proceed in light of Trump’s projected victory in the 2024 presidential election.

Trump faces four felony counts in connection to the January 6 case in Washington, D.C., including charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction, and conspiracy against rights. These charges were initially filed in August 2023 and re-indicted in September following a Supreme Court ruling that granted certain immunities to the president.

Following Trump’s election on November 5, Smith’s office cited the need to assess the “unprecedented circumstance” of a President-elect facing prosecution. The Special Counsel’s filing emphasized that DOJ policies and guidelines may influence the decision on whether and how to move forward with the case against Trump.

“By December 2, 2024, the Government will file a status report or otherwise inform the Court of the result of its deliberations,” Smith’s filing states, adding that defense counsel has not objected to the requested pause in proceedings.

Judge Chutkan’s order granted Smith’s request, vacating all pretrial deadlines. “All remaining deadlines in the pretrial schedule are VACATED. By December 2, 2024, the Government shall file a status report indicating its proposed course for this case going forward,” Chutkan wrote in her order.

The Department of Justice and Smith’s office are now expected to deliberate on how to reconcile the case with Trump’s upcoming inauguration in January. Legal analysts have noted that the DOJ may invoke long-standing norms against prosecuting a sitting president, a policy first set by the DOJ’s Office of Legal Counsel.

Trump’s legal team has not publicly commented on the pause, but the decision may significantly impact other ongoing legal proceedings and investigations involving Trump as he prepares to assume office.

Sources:

  • NBC News, “Judge Grants Special Counsel’s Request to Pause Trump January 6 Case,” NBC News
  • U.S. District Court filings