Winding Down Cases: What Happens When a President-Elect Faces Charges?

Special counsel Jack Smith is trying to figure out how to handle two federal cases against Donald Trump before he becomes president. The Justice Department has a rule that sitting presidents can't be prosecuted. So, Smith is looking at how to end these cases before Trump takes office in January. Trump was charged with trying to change the 2020 election results and keeping classified documents at his Mar-a-Lago estate. He won the election against Kamala Harris, which means the Justice Department can't prosecute him while he's in office. Smith is trying to avoid a fight with Trump. Trump said he would fire Smith if he became president. Smith was appointed by Attorney General Merrick Garland in 2022.

One case involves Trump and the Capitol riot. The other is about him keeping top-secret records and blocking the FBI from getting them back. The classified documents case is on hold because a Trump-appointed judge said Smith was appointed illegally. Smith is appealing this decision. The election interference case was supposed to start in March. But Trump said he couldn't be prosecuted, and the case went to the Supreme Court. The court said former presidents can't be prosecuted for some things they did in office. They sent the case back to a lower court to decide what can go to trial. Smith's team said the actions in the indictment were done as a candidate, not as president. Trump's lawyers will respond to this later this month. Whatever the judge decides, it will likely be appealed again to the Supreme Court. This means a trial could be a year or more away.

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