Left: Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin, File). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).
The Biden administration is finally calling it quits in the Washington, D.C., criminal case against former and future President Donald Trump.
In a motion filed Friday morning, Jack Smith asked to vacate any and all briefing dates remaining on the docket’s schedule.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the unopposed motion to vacate reads. “The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Long-standing DOJ policy, of course, is that a sitting president cannot be indicted. Or, in Trump’s case, likely cannot remain indicted.
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