Jack Smith asks to overturn Trump election case

• Prosecutors are seeking to overturn the remaining sentences in the case of interference in the election of Donald Trump.
• Special prosecutor Jack Smith cited the “unprecedented circumstance” of Trump’s re-election.
• Justice Department policy states that a sitting president cannot be impeached while in office.

Prosecutors in the federal election interference case against the elected president Donald Trump are seeking to overturn all remaining terms, citing the “unprecedented circumstance” of the former president’s re-election.

In a new court filing Friday, the special prosecutor Jack Smith As stated “as a result of the election” held on November 5, Trump is expected to be certified as president-elect on January 6 and take office on January 20.

“The Government respectfully requests that the Court vacate the remaining time in the pre-trial schedule to allow the Government time to evaluate this unprecedented circumstance and determine an appropriate course moving forward consistent with Department of Justice policy,” the document states.

It is a longstanding Justice Department policy that a sitting president cannot be prosecuted while in office.

The motion states that Smith and his team will “prepare a status report or otherwise inform the Court of the outcome of the review” by Dec. 2.

“The government has consulted with defense attorneys, who do not object to this request,” the document states.

A grand jury indicted Trump on felony charges alleging he sabotaged the 2020 election.

Over the past month, a federal judge presiding over an election interference case has released a raft of evidence against Trump.