Justice Department May Drop Charges Against President-elect Trump Before He Takes Office

With Donald Trump’s re-election as President of the United States, the Justice Department is reportedly exploring how to end two ongoing federal criminal cases against him before he assumes office. Special Counsel Jack Smith, appointed to lead these cases, is now in discussions about how to wind down the cases, considering the DOJ’s long-standing policy against prosecuting a sitting president. The department’s decision could be finalized within weeks, as two critical deadlines in both cases loom.

A DOJ official familiar with the matter said that any decision to halt the cases would hinge on the principle that prosecuting a sitting president runs contrary to established DOJ policy. The Justice Department must now decide how to resolve these cases as Trump prepares to assume office, a situation posing complex legal and political challenges.

The Justice Department’s policy holds that a sitting president should not face criminal prosecution, a guideline rooted in the belief that pursuing criminal charges could unduly impact a president’s ability to govern. If Trump takes office in January, any ongoing prosecution would likely violate this principle. The current discussions within the DOJ aim to avoid a direct confrontation with this policy and determine how best to end or pause the cases.

The department is navigating two high-profile cases: the first involves allegations that Trump attempted to overturn the 2020 election results and obstruct the Congressional certification of Electoral College votes on January 6, 2021. This case, led by U.S. District Judge Tanya Chutkan, is currently considering Trump’s claims of immunity under a recent Supreme Court decision.

The second case concerns Trump’s alleged retention of classified documents after leaving the White House. U.S. District Judge Aileen Cannon initially dismissed this case, citing concerns over the legitimacy of Special Counsel Smith’s appointment, although Smith has since appealed that decision to the 11th U.S. Circuit Court of Appeals.

The DOJ’s decision to drop or delay the charges could come as early as mid-November due to two critical deadlines. The first deadline, on November 15, requires Smith to file an argument in the 11th Circuit appeal regarding the classified documents case. The second deadline, set for November 21, mandates Trump’s legal team to submit arguments related to his immunity claims in the election interference case. With these dates fast approaching, a resolution of some kind may be inevitable in the coming weeks.

Trump’s spokesperson, Steven Cheung, indicated that the DOJ’s decision reflects the clear mandate Trump received from voters to end what he describes as the “weaponization of the justice system.” Following Trump’s election victory, Cheung argued that Americans are looking for a swift resolution to these legal matters, noting that Trump’s mandate is centered on national unity and moving forward as a country.

In a statement on social media following the discussions, Cheung echoed Trump’s victory speech, which called for an end to divisive tactics and suggested that the DOJ should act to close these cases as part of that mission.

While the DOJ deliberates its next steps, Trump has not hesitated to voice his criticism of the Justice Department, particularly of Special Counsel Smith. Since the start of his legal battles, Trump has openly criticized Smith, Attorney General Merrick Garland, and Deputy Attorney General Lisa Monaco, accusing them of politically motivated prosecution and referring to them as “thugs” in multiple social media posts.

Trump has even floated the idea of firing Smith if given the opportunity, as he suggested in a recent interview with radio host Hugh Hewitt. Trump remarked that he could “fire [Smith] within two seconds,” an assertion that underscores his ongoing disdain for what he views as a politically charged investigation.

In addition to these statements, Trump has indicated a willingness to consider measures against political rivals, some of whom he accuses of misconduct. During his previous term, he reportedly pushed for investigations into figures like Hillary Clinton and former FBI Director James Comey. With his re-election, Trump has not shied away from suggesting that the Justice Department pursue high-profile Democrats, including President Biden, Vice President Kamala Harris, and Speaker Nancy Pelosi.

If the DOJ follows through with a decision to drop or indefinitely pause these cases, it could mark a significant shift in the legal landscape surrounding Trump’s presidency. For his part, Trump’s statements suggest he would view such a decision as a vindication of his belief that the investigations were politically motivated. In a recent speech, Trump alluded to the legal battles, vowing to unify the nation and end what he terms as the “weaponization” of government agencies.

The DOJ’s impending decision could also impact the broader political climate, as Trump’s re-election has reignited discussions about the role of the Justice Department in political affairs. Some critics worry that ending these cases could set a precedent, while others argue that prosecuting a sitting president for alleged actions prior to taking office would set its own precarious precedent. For now, as the deadlines approach, all eyes are on the DOJ and its final call on these two cases.

In the weeks ahead, the DOJ must decide between pressing forward and potentially pausing the charges until Trump’s term concludes. This decision will be watched closely by Trump’s supporters, who see it as an overdue correction, and his critics, who fear it could undermine accountability. The balance between justice and political neutrality will once again be tested as the nation prepares to transition into Trump’s second presidency.