WASHINGTON — Justice Department officials are assessing how to wind down the two federal criminal cases against President-elect Donald Trump before he takes office, in line with a long-standing department policy that a sitting president cannot be prosecuted, according to two people familiar with the discussions.
The cases in question — one related to Trump’s alleged role in efforts to overturn the 2020 election and another concerning his handling of classified documents — have been overseen by special counsel Jack Smith. Prior to the election, Smith had aggressively advanced both cases, appearing to operate without regard for the electoral timeline. However, with Trump now poised to return to the White House, department officials are reportedly re-evaluating their options.
Sources indicate that Justice Department officials recognize the improbability of bringing either case to trial before Trump’s inauguration. Both cases are entangled in complex legal questions that would likely require appeals reaching the Supreme Court. Even if Trump had lost the election, a trial would have been delayed for months, if not years, by procedural disputes, according to the sources.
“DOJ officials see no room to pursue either criminal case against him — and no point in continuing to litigate them in the weeks before he takes office,” said one person familiar with the matter, who spoke on condition of anonymity due to the sensitivity of the discussions.
The decision to potentially halt the cases stands in stark contrast to the department’s pre-election posture, where Smith’s team made substantial legal moves despite Trump’s candidacy. Now, officials are reportedly coming to grips with the reality that federal prosecutions cannot continue once Trump is sworn in, per the Justice Department’s established policy against prosecuting a sitting president.
The Justice Department has declined to comment on the matter, and Smith’s office has not issued any public statements. While no final decision has been announced, the sources suggest that winding down the cases may be viewed as the only feasible course given Trump’s imminent inauguration.
