The Justice Department plans to pursue Trump cases past Election Day, even if he wins

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If Donald Trump is elected president, the finish line for federal prosecutors is Inauguration Day, not Election Day, people familiar with the discussions said.

Special counsel Jack Smith announces the indictment of former president Donald Trump during a news conference in Washington on Aug. 1.

Lawyers in the department do not believe the policy bars them from proceeding against a president-elect, however, according to the people familiar with the discussions, who spoke on theThe plan to continue filing motions, seeking court hearings, and potentially conducting a trial between Election Day and Inauguration Day underscores the highly unusual nature of prosecuting not just a former president, but also possibly a future one.

Republican presidential candidate former President Donald Trump speaks at a campaign rally in Chesapeake, Va., Friday, June 28, 2024. On Monday, the final day of its term, the Supreme Court ruled 6-3 along ideological lines that Trump and other presidents have broad immunity from prosecution for official acts. The landmark decision also found that presidents do not have immunity for private acts, leaving it unclear exactly where the line would be drawn between the two.

The two federal cases were scheduled to go to trial in the spring but have been slowed significantly for different reasons. Even when the case in D.C. resumes, there are likely to be a series of pretrial battles in addition to the immunity questions that consume a significant amount of time. Given the pace of hearings to date in the two federal cases, it’s possible that even with the longer time window until Inauguration Day, neither will go to trial by then.

 

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