Washington, D.C.— The Department of Justice (DOJ) is reportedly preparing to close federal criminal cases against President-elect Donald Trump before his inauguration.
DOJ officials, including those from Special Counsel Jack Smith’s office, pointed to this policy in response to growing pressure from Trump allies and Republican lawmakers to end prosecutions following Trump’s electoral victory.
Peter Carr, a spokesperson for Smith’s office, referred to a 2000 DOJ memo that explains why prosecuting a sitting president could interfere with the executive branch’s ability to perform its duties. While declining to comment specifically on whether the DOJ will drop its cases, Carr explained that prosecuting a sitting president “would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
The DOJ’s potential move to wind down federal cases aligns with longstanding agency policy established after the Watergate scandal. This policy suggests that pursuing criminal charges against a sitting president could distract from the nation’s business and executive responsibilities.
Calls for DOJ and Local Prosecutors to Dismiss Cases
Trump’s supporters in Congress, including House Majority Leader Steve Scalise and Senator Lindsey Graham, have vocally urged Attorney General Merrick Garland, as well as district attorneys in New York and Georgia, to dismiss their cases against the president-elect.
Scalise, posting on social media, asserted that the recent election results reflect the public’s desire for “the lawfare” against Trump to end. Graham echoed these sentiments, suggesting it’s time for Smith to “look forward to a new chapter” in his legal career, especially in light of the Supreme Court’s recent rulings on presidential immunity.
Special Counsel’s Cases Face Uphill Battle
The cases brought by Smith, one for Trump’s alleged role in the events surrounding the 2020 election and another regarding his handling of classified documents, may face additional delays even without the DOJ’s policy. Trump’s legal team has numerous avenues for appeal, which could push the cases into lengthy court battles extending well into his presidency.
NBC News reported that DOJ officials are actively working to “wind down” these cases to comply with agency policy before the January 2025 inauguration deadline. Attempts to expedite these cases prior to Inauguration Day appear unlikely, as Smith’s team has faced significant procedural hurdles. Earlier this year, the Supreme Court issued a ruling affirming that presidents should have limited immunity from prosecution for official acts, further complicating the special counsel’s efforts.
Former Attorney General Bill Barr, who served under Trump, expressed his belief that dropping the cases is in the public’s best interest. Barr argued on Fox News that “further maneuvering on these cases in the weeks ahead would serve no legitimate purpose” and would likely only serve to distract the incoming administration.
In addition to Smith’s cases, Trump still faces charges in New York and Georgia. However, his power as president may not extend to dismissing state-level prosecutions, leaving unresolved questions about the future of these cases.
Trump himself has repeatedly characterized the criminal cases as politically motivated attempts to influence the 2024 election. He maintains that the allegations are unfounded and intends to challenge them if they proceed.
As Inauguration Day approaches, pressure continues to mount on the DOJ and state prosecutors to decide whether to dismiss these cases in light of Trump’s upcoming presidency.