Judge pauses January 6 case After Trump is elected

November 8, 2024- WASHINGTON, D.C. – on Tuesday, the majority of American voters said in a loud, clear voice: "Not Guilty" on all counts in the criminal prosecution of once and future President Donald J. Trump (R). On Wednesday, Special Counsel Jack Smith bowed to political reality when he asked the court for a pause in his prosecution of President Trump so that he can have time to assess on whether or not the Justice Department can prosecute the incumbent President of the United States – which he will be in January after his inauguration.

"The government respectfully requests that the court vacate the remaining deadlines in the pretrial schedule to afford the government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy," the special counsel asked.

It now appears that this failed prosecution is winding down. It is almost certain that the new Attorney General that Trump appoints will seek to wind down the special counsel's office. It is also a longstanding DOJ policy that the Justice Department will not prosecute the sitting President making proceeding with the case problematic at best.

Trump should also have the backing of both Houses of Congress as the GOP has won majority control of the Senate and appears to have retained control of the House of Representatives. Seven years ago, Democrats' in Congress efforts to obstruct the Trump agenda were aided and abetted by a handful of Republicans like Sen. John McCain, Sen. Jeff Flake, Rep. Elizabeth Cheney, and Rep. Adam Kitzinger that were openly hostile to President Trump. Those old feuds are long gone as Republicans hostile to Trump have been sent home by the voters.

A Supreme Court ruling that the President of the United States have virtually unlimited civil and criminal immunity for their official acts has made continuing the prosecution problematic at best.

Smith is facing a December 2 deadline for the government to file "a status report or otherwise inform the court of the result of its deliberations."

Smith in a separate case has also indicted Trump for alleging illegally keeping classified documents after he left the White House.

That documents case is effectively dead in the water after the federal Judge, Aileen Cannon, set the case was set aside the case on the grounds that Smith was improperly appointed as a special counsel. Smith has appealed that ruling.

Trump still faces a related case brought by the Fulton County District Attorney charging Trump, his advisors, and his attorneys with conspiracy to overturn the 2020 election results. Trump is asking that that case be dismissed in light of the Supreme Court ruling establishing the President's executive immunity.

Trump has been convicted in New York City in an unrelated case involving alleged mishandling of campaign funds to pay off porn star Stormy Daniels for her silence. Trump denies paying off Daniels or having sexual relations with the porn star. Sentencing in that case has been postponed until after the election. Trump's defense has asked the judge to set aside that conviction given the Supreme Court ruling on Presidential executive privilege. The Trump legal team has said that they are prepared to appeal if the conviction is not set aside.

Trump is also appealing a multi-million dollar civil verdict for fraud that the State of New York has brought against President Trump's businesses.

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