Trump's Trials - Special counsel taking steps to wind down cases against Trump before inauguration

Episode Date: November 7, 2024

For this episode of Trump's Trials, All Things Considered host Ari Shapiro speaks with NPR Justice Correspondent Carrie Johnson.Special Counsel Jack Smith will be taking steps to wind down the federal government's cases against president-elect Donald Trump before Trump takes office in January. For about two years Smith has been building two cases against Trump, one of them for his actions related to the Jan. 6 insurrection at the U.S. Capitol and the second for allegedly hoarding classified documents after leaving office in 2021. With Trump ascending again to the presidency those cases will go away.Follow the show on Apple Podcasts or Spotify for new episodes each Saturday.Sign up for sponsor-free episodes and support NPR's political journalism at plus.npr.org/trumpstrials.Email the show at [e-mail]. Learn more about sponsor message choices: podcastchoices.com/adchoicesNPR Privacy Policy

It's Trump's Trials from NPR. I'm Scott Detro. Supreme Court justices have issued a major ruling and an election case. The Justice Department will be relentless in defending the right to vote. Will you accept the results of the election? If it's a fair and legal election, absolutely. You're listening to Trump's Trials from NPR. I'm Scott Detro. And we are here with an episode because there's some breaking news in one of former President Trump's cases. We want to share the story with you that just aired on NPR Today, right after this. And we are here with an episode because there's some breaking news in one of former President Trump's cases.

We want to share the story with you that just aired on NPR today. Right after this. OK, so does this sound like you? You love NPR's podcasts. You wish you could get more of all your favorite shows and you want to support NPR's mission to create a more informed public. If all that sounds appealing, then it is time to sign up for the NPR Plus bundle. Learn more at plus.npr.org. If you need a moment to catch your breath and calm your nerves, listen to the latest all songs considered from NPR music. We've got an all new mix of songs to slow the blood and recalibrate your day. Plus reflections on

gratitude, joy, and the power of kindness. Listen to new episodes of all songs considered every Tuesday, wherever you get podcasts. Donald Trump has won the 2024 election. How did it happen and what are his plans for a second term? Find out by listening to the MPR Politics Podcast. We'll keep you informed every weekday with the latest news from the presidential transition. Listen to the MPR Politics Podcast. You're listening to Trump's trials. I'm Scott Detrow. And now here's Ari Shapiro.

Here in Washington, politicians often say elections have consequences. Well, we are starting to see some of those today inside the Justice Department. The special counsel who brought two indictments against Donald Trump is starting to wind down those cases. NPR Justice correspondent, Kari Johnson, is here to explain. Hi, Kari. Hey, Ari. It has not even been a full day since the election was called for Donald Trump and already

the DOJ is taking action. What's happening? Jack Smith, the prosecutor who's been on the job for the election was called for Donald Trump and already the DOJ is taking action. What's happening? Jack Smith, the prosecutor who's been on the job for about two years, is now starting to unwind what may be his most significant work. Remember Smith brought two indictments against Donald Trump, the first for clinging to power in 2020, events that culminated in the storming of the U.S. Capitol. The second was for hoarding classified documents and obstructing FBI efforts to retrieve them. This is all happening now because of long-standing Justice Department policy that says a sitting

president cannot be indicted or tried on criminal charges. The thinking here is that would violate the Constitution and interfere with the working of the executive branch. Trump doesn't actually take office until January, so how quickly might these two cases go away? Well, the D.C. case had been on pause for many months because of the Supreme Court's decision to evaluate whether Trump and future presidents enjoy some immunity from prosecution. In July, the Supreme Court said Trump had absolute immunity for certain core acts as

president and the justices also leaned into the idea Trump had legal protection for other official acts. Prosecutors had just moved to try to convince the district court judge that Trump was acting as a candidate in 2020, not as the president, so he should be able to be prosecuted. But it's my understanding that soon those efforts will stop and it will be up to Judge Tanya Chutkin to formally dismiss this DC case. So that's the DC election related case. What about the Florida Documents case? That one is both a little easier and a little more complicated in some ways. Sorry. Judge Eileen Cannon, who was appointed by President Trump, dismissed that prosecution last summer

on the same day the Republican convention started. The judge said Jack Smith had been appointed in an unconstitutional way. The Justice Department has been appealing, but it's now expected to try to abandon the appeal. Here's the complication. Two other people were charged alongside Trump, Walt Notta, who's Trump's valet, and Carlos de Oliveira, the property manager at Mar-a-Lago. And to walk away from the case could mean walking away from all three of them. Huh. Any sense of what this move by the Justice Department might signal for the criminal cases

that states filed against the presidential act? Steve Scalise, the Republican majority leader of the House, said prosecutors in Georgia and New York should also go away. He posted on X today. The American people have spoken and this lawfare must end. Other Republican lawyers told me today voters clearly knew about all these allegations against Trump, but they voted for him anyway. They say it's time to move on and let the incoming administration prepare to lead the government. The judge in that state case in New York had tentatively scheduled a sentencing for Trump for Thanksgiving week after a jury there convicted him this year on 34 charges, but that sentencing may not happen now.

Okay, so big picture. This year started with Trump facing four separate criminal prosecutions across four different states and despite his having been convicted of those felony counts in New York, it looks like all of this will end with nothing? You know, it's hard not to see this as a sweeping victory for Donald Trump and his legal strategy of delaying most of these cases until after the election. We learned a lot from these federal indictments and Trump's trial in New York, but the Supreme Court has said the president is different.

The rest of the legal system is now falling in line. The big question for me is whether the special counsel Jack Smith wants to file a written report before he leaves his job. NPR's Carrie Johnson, thank you. My pleasure. Thanks for listening to Trump's Trials from NPR. Keep an eye out for more episodes like this whenever big news happens. I'm Scott Detro. You care about what's happening in the world. Let State of the World from NPR keep you informed. Each day we transport you to a different point on the globe and introduce you to the people living world events. We don't just tell you world news, we take you there. And you can make this journey while you're doing the dishes or driving your car.

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