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Justice gives a pause to the trial of Trump for the assault on the Capitol

Judge Tanya Chutkan agreed this Friday to give a pause to the trial facing Donald Trump in Washington for the assault on the Capitol to give time to the special prosecutor, Jack Smith, to evaluate how to proceed after the Republican’s victory in Tuesday’s elections.

The magistrate authorized the suspension of the pending deadlines and the Government to present by December 2 its deliberations on the way forward in this criminal case, as requested by Smith.

His petition states that he needs the remaining deadlines to be annulled to determine “the appropriate path” in line with the policies of the Department of Justice, which prevent investigating presidents while they are in office.

The accusation

Trump, who beat Kamala Harris on Tuesday, and will be invested on January 20, is accused in the District of Columbia for his attempts to reverse the results of the elections he lost in 2020 and having allegedly instigated the assault on the Capitol.

The request recalls that, as a result of those elections, it is expected that Trump’s victory will be certified on January 6 and that the investiture will take place on the 20th of that month.

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Smith stressed that the prosecutor’s office has consulted with the defense lawyers and pointed out that they have not opposed the pause.

The prosecutor will present a report on the Trump case for the assault on the Capitol

According to The New York Times, Smith had already started discussions with members of the Department of Justice on how to move forward after the elections in the two federal cases against Trump: the assault on the Capitol and the accusation in Florida for having taken classified documents from the White House when leaving power.

The Republican said during the election campaign that on his first day as president he would fire Prosecutor Smith and order the Department of Justice to close the cases against him that, he claims, are motivated by political persecution.

On November 21, Trump’s lawyers were scheduled to present their documentation to the judge on why he should not be tried in Washington after the Supreme Court ruled that former presidents enjoy broad judicial immunity.

Smith indicated in his note that by December 2 he can submit a report with the result of his deliberations.

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The special prosecutor has not yet requested a pause in the process in Florida. That case was dismissed on July 15, but Smith claimed on August 26 to a court of appeals that it be restored.

The messes of the future US president with the Justice

Trump faces four parallel criminal trials: those two federal and two others in local courts in New York and Georgia.

The only one where there is a conviction is the one he has in New York for falsification of commercial records to cover up a payment to porn actress Stormy Daniels, with whom he allegedly had an affair in the past, to prevent it from harming him in his 2016 campaign.

The goal of Trump’s team, according to NBC News this week, is to dismiss all cases against him. In New York, the possibility of postponing the hearing scheduled for the end of November indefinitely is also contemplated.

According to the US Constitution, a president cannot forgive himself in a state accusation, as happens in New York, and in the case of Georgia, where he is accused of electoral interference, the governor could not pardon him either.

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NBC News pointed out that the Department of Justice seems to have assumed that neither the process in Washington nor the Florida process can take place in the near future and now after the elections it sees no room to continue with them.

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