Biden's DOJ to pursue federal prosecution of Donald Trump even if he wins presidency

If Trump becomes president-elect, the outgoing, lame duck DOJ intends to continue prosecuting him until Inauguration Day.

Officials in the Department of Justice plan to continue pursuing criminal cases against former President Donald Trump past Election Day even if he wins. If Trump becomes president-elect, the outgoing, lame duck DOJ intends to continue prosecuting him until Inauguration Day.

Officials are operating under the assumption that DOJ rules against charging or prosecuting a sitting president would not be applicable until Inauguration Day in January. "Senior law enforcement officials have long viewed the two federal indictments against Trump — the 45th president and the presumptive Republican nominee in this year’s election — as operating with potential time constraints. That’s because of long-standing Justice Department policy that officials cannot criminally charge a sitting president," According to the Washington Post.

"Lawyers in the department do not believe the policy bars them from proceeding against a president-elect, however, according to the people familiar with the discussions, who spoke on the condition of anonymity to describe internal deliberations," the Post states. The news comes the day after the Supreme Court ruled that Trump may claim immunity from criminal prosecution for some of the actions he took at the end of his presidency.

The court’s decision will likely delay a trial on the federal election charges brought by special counsel Jack Smith. On Tuesday, sentencing for the former president for his conviction on 34 felonies was postponed until September following the high court’s ruling. Trump also faces other federal charges related to the alleged mishandling of classified documents. The judge indefinitely postponed the trial in May, saying that issues regarding classified evidence needed to be resolved before the case goes to a jury. Another case, in DC on J6, has also been snagged based on the Court's ruling in both the Fischer case and Trump v. the United States.

"The Justice Department isn’t governed by the election calendar," former DOJ spox Anthony Coley said. "Its prosecution of Trump is based on the law, the facts and the Justice Manual — the department’s bible that lays out the post-Watergate norms that have prevented it from being weaponized. Until those norms change, or they’re ordered otherwise, I’d expect this Justice Department to be full speed ahead. And they should be."
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