“Unprecedented circumstance”: Smith seems to be giving up on Jan. 6 case against Trump

Special Counsel Jack Smith appears to be giving up on a prosecution against President-elect Donald Trump over his alleged role in a plot to subvert the results of the 2020 election.

In a Friday filing to Judge Tanya Chutkan, Smith’s office asked that the court vacate future scheduled proceedings “to afford the government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”

The DOJ has long held that they should not prosecute sitting presidents. Any consultation that Smith holds with his superiors will likely find that the case be paused, if not abandoned altogether. Recent reports claimed that Smith is already in the process of winding down the cases.

Trump was previously impeached for his alleged role in a scheme to overturn the election, but conviction in the Senate failed by 10 votes. Smith was appointed by Attorney General Merrick Garland in November of 2022, nearly 2 years after the assault, to investigate Trump, but major delays plagued the probe.

The Supreme Court intervened at the request of Trump’s attorneys earlier this year, to consider whether Trump’s presidential immunity covered his actions on January 6. The court’s ruling greatly extended the legal immunity afforded to a president, but Smith was able to narrow the scope of his case accordingly. 

The case’s dismissal appeared inevitable following Trump’s Tuesday victory. He’s previously promised to clear out the Biden Department of Justice and fire Smith.