WASHINGTON (AP) — Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before he takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.
Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Trump's election defeat of Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with decades-old department legal opinions meant to shield presidents from criminal charges while in office.
The person familiar with Smith's plans was not authorized to discuss the matter by name and spoke on condition of anonymity to The Associated Press.
By moving to end the cases before the inauguration in January, Smith and the Justice Department would avert a potential showdown with Trump. The president-elect said as recently as last month that he would fire Smith, who was appointed in November 2022 by Attorney General Merrick Garland, “within two seconds” of taking office.
NBC News first reported Smith's plans.
Smith’s two cases charge Trump in a conspiracy to undo the election results in the run-up to the Capitol riot, and with retaining top secret records at his Mar-a-Lago estate in Florida and obstructing FBI efforts to recover them.
The classified documents case has been stalled since July when a Trump-appointed judge, Aileen Cannon, dismissed it on grounds that Smith was illegally appointed. Smith has appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, where the request is pending.
In the 2020 election interference case, Trump was scheduled to stand trial in March in Washington, where more than 1,000 of his supporters have been convicted of charges for their roles in the Capitol riot. But the case was halted as Trump pursued his sweeping claims of immunity from prosecution that ultimately landed before the U.S. Supreme Court.
Trump could be emboldened by the Supreme Court’s ruling in July, which granted former presidents expansive immunity from prosecution for acts taken in the White House and explicitly put off-limits any alleged conduct involving Trump’s discussions with the Justice Department. That included his efforts use the Justice Department to conduct sham election fraud investigations as part of his bid to stay in power.
The conservative-majority Supreme Court sent the case back to U.S. District Judge Tanya Chutkan to determine which of the other allegations in the indictment, if any, could move forward to trial.
In response, Smith’s team last month filed a 165-page brief laying out new evidence to persuade the judge that the actions alleged in the indictment were taken in Trump's private capacity as a candidate — not as commander-in-chief — and therefore can remain part of the case. Trump’s lawyers are scheduled to file their response later this month. Whatever Chutkan rules is expected to be appealed again to the Supreme Court, meaning a possible trial would be likely a year or more away.
Republican presidential nominee former President Donald Trump speaks after voting on Election Day at the Morton and Barbara Mandel Recreation Center, Tuesday, Nov. 5, 2024, in Palm Beach, Fla. (AP Photo/Evan Vucci)
RALEIGH, N.C. (AP) — Republican candidate Laurie Buckhout conceded the race for North Carolina's only toss-up congressional district on Wednesday following a tight, closely watched race against incumbent first-term Democratic U.S. Rep. Don Davis.
The Associated Press has not yet called the race. With the vast majority of precincts reporting, Davis and Buckhout were separated by a narrow margin in one of the few competitive districts across the Southeast.
Buckhout issued a statement on X announcing her loss and calling on Davis to work with President-elect Donald Trump's administration on immigration and economic issues. She said she phoned Davis early Wednesday to congratulate him on “his hard-fought victory.”
“While Don and I have different visions, it is obvious to everyone he cares about this district,” she said.
Davis also put out a statement declaring victory and thanking his supporters. He said he looks forward to working with lawmakers on both sides of the aisle in his second term.
“I'm wholeheartedly dedicated to understanding and addressing the challenges and aspirations over everyday citizens in our community,” he said.
The contest between Davis and Buckhout has attracted millions of dollars from both parties to either flip or maintain the district, which extends from Currituck County to a small portion of Granville County in the state's northeast.
The district's political landscape is a bit different for Davis compared to when he defeated Republican opponent Sandy Smith in 2022. Last year, the GOP-controlled state legislature added a handful of conservative-leaning counties to the district, making it less blue than it once was.
Davis was born and raised in Snow Hill and has held various political positions in the region, including as his hometown's mayor and a state senator. He also is a U.S. Air Force veteran.
Buckhout served in the U.S. Army for more than 25 years before retiring and starting a Virginia-based military technology consulting company. She sold the company and moved to Edenton a few years ago.
Both Davis and Buckhout have sought to tie each other to the unpopular policies or controversial behaviors of other candidates in their respective parties.
Buckhout's campaign has repeatedly tried to tie Davis with Vice President Kamala Harris' economic and immigration policies as a way to win over voters dissatisfied with the Biden-Harris administration. Davis voted with House Republicans in July to condemn Harris' work at the U.S.-Mexico border, then endorsed her presidential run a day later. He has also campaigned with her, speaking at one of her rallies in Greenville in October.
Democratic groups supporting Davis, meanwhile, have tried to draw connections between Buckhout and Republican Lt. Gov. Mark Robinson, whose gubernatorial campaign has been fighting back against a CNN report alleging that he made several graphic sexual and racist comments on an online pornography forum about a decade ago. Robinson has denied the claims, and The Associated Press has not independently verified them.
Those groups also have used photos in which Buckhout appears with Robinson to tie her to the lieutenant governor's shifting stance on abortion restrictions. Buckhout has previously said that she's focused on her own race rather than Robinson's.
Sasha Dix shows his "I voted" sticker after he voted at TC Roberson High School on Election Day, Tuesday, Nov. 5, 2024 in Asheville, N.C. (AP Photo/Kathy Kmonicek)
Poll worker Kerri Ryan gives a choice of "I voted" stickers to Sasha Dix after he submitted his ballot at TC Roberson High School on Election Day, Tuesday, Nov. 5, 2024 in Asheville, N.C. (AP Photo/Kathy Kmonicek)
Poll worker, Genevieve Bieniosek helps a voter with curbside voting outside the West Asheville Public Library on Election Day, Tuesday, Nov. 5, 2024 in Asheville, N.C. (AP Photo/Kathy Kmonicek)
Glyn Hughes, left, gives Republican ballot information to Peter Dolan who came with his children, Zoe, left and P.J. to vote this morning at Reynolds Middle School on Election Day, Tuesday, Nov. 5, 2024 in Asheville, N.C. (AP Photo/Kathy Kmonicek)
A voter leaves a polling place at St. James Episcopal Church in Black Mountain, N.C. on Tuesday, Nov. 5, 2024. The town near Asheville was among the many hard hit by Hurricane Helene, and the church was hosting two displaced precincts. (AP Photo/Allen G. Breed)
Voters walk through rows of political signs outside of TC Roberson High School on Election Day, Tuesday, Nov. 5, 2024 in Asheville, N.C. (AP Photo/Kathy Kmonicek)
Four-year-old Stone Smathers, center, waits for his parents to finish voting, Tuesday, Nov. 5, 2024, in Canton, N.C. (AP Photo/George Walker IV)
University of North Carolina at Asheville student, Elijah Walker-Haigh, left, speaks with advocates for Vice President Kamala Harris, Greg Horwitch, middle, and David Dean outside the West Asheville Public Library on Election Day, Tuesday, Nov. 5, 2024 in Asheville, N.C. (AP Photo/Kathy Kmonicek)
Zeb Smathers, shows a ballot to his 4-year-old son, Stone Smathers, while voting, Tuesday, Nov. 5, 2024, in Canton, N.C. (AP Photo/George Walker IV)
