With Jack Smith’s Latest Move, Trump Escapes Accountability for Jan. 6

A federal judge on Friday granted special counsel Jack Smith’s request to vacate the remaining deadlines in Donald Trump’s election interference case.

In a new filing earlier Friday, Smith requested that “the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the course going forward consistent with Department of Justice policy.”

Department of Justice policy prohibits the government from pursuing charges against a sitting president. Smith’s request cites that Trump is “expected to be certified as president-elect on Jan. 6, 2025, and inaugurated on Jan. 20, 2025.”

Prosecutors asked for the government to file “a status report or otherwise inform the court of the result of its deliberations” by December 2.

Judge Tanya Chutkan granted Smith’s unopposed request shortly after it was filed.

With this latest development, it seems Trump will escape all culpability for his role in interfering with the certification of the 2020 presidential election and allegedly inciting the January 6 riot at the U.S Capitol.

The same fate is likely for Smith’s other case against Trump, which concerns the president-elect’s alleged mishandling of classified documents during and after his first administration. That case landed in the lap of a pro-Trump judge who dismissed the case—landing her on the short list for Trump’s next attorney general.

As Smith scrambles to wind down his two cases against Trump, it’s worth noting that the former president has promised to fire Smith on his first day in office, and even threatened to have him deported.

This story has been updated.