Justice Department policy bars the prosecution of a sitting president.
ABC Special Report details latest developments in the legal cases against President-elect Trump ahead of his second term in office.
"As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025," Smith's motion said. "It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President.
Earlier this month, Judge Chutkan cancelled the remaining deadlines in the case after Smith requested time to "assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy" following Trump's election. Judge Chutkan had been in the process of considering how the case should proceed in light of the Supreme Court's immunity ruling.
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