Michelle ThompsonJustice Department officials will continue pursuing federal criminal cases against Donald Trump beyond Election Day, even if he wins, as reported by The Washington Post on Tuesday.
The rationale is that DOJ rules against charging or prosecuting a sitting president wouldn’t apply until Inauguration Day in January, according to sources familiar with the discussions. This report follows a Supreme Court ruling allowing Trump to claim immunity from criminal prosecution for certain actions taken at the end of his presidency.
This decision is expected to delay a trial on federal election subversion charges brought by special counsel Jack Smith, meaning Trump could avoid pre-election trials in the significant criminal cases he faces after being found guilty in his hush money trial in May. His sentencing for that trial has been postponed until September due to the court’s ruling.
Officials not involved in the special counsel’s deliberations told CNN that the DOJ policy against criminally charging a sitting president does not apply to a president-elect. They stated the policy applies only to a “sitting president,” so Trump could still face trial before his inauguration if he wins the election.
A spokesperson for Smith’s office declined to comment to The Post.
Trump also faces numerous federal charges related to the alleged mishandling of classified documents. The judge overseeing this case, also brought by Smith, indefinitely postponed the trial in May due to significant issues with classified evidence that need to be resolved before the case can proceed to a jury.
