Presidential Accountability in Obsolescence–Trump Trial on Hold Following Reelection

Former President Donald J. Trump was elected for his second term on November 6, 2024. While the Democratic process had run its typical course, one aspect of his reelection was extremely unusual. In its 234-year history, the United States has never had a President-elect or sitting President be indicted [1]. 

The indictments against Donald Trump are the result of five criminal cases Trump had been involved in within a 5-month period, accusing him of illegal criminal conduct, before, during, and after his presidency [1]. In August 2023, Trump was voted to be indicted, with 34 felony counts of violating a New York law on corporate record-keeping [2]. Trump had been charged with having a connection to the attempt to overturn the 2020 election results, as well as fraud and voter disenfranchisement. Additionally, Trump was charged with felony charges for concealing payments amounting to $130,000 to adult film actress Stormy Daniels prior to the 2016 presidential election [3].

Trump and his supporters deemed the conviction and trial a “scam”[3]. Louisiana Republican and House Speaker Mike Johnson dubbed the verdict a “shameful day in American history.” [3]

All court proceedings for Trump’s New York conviction have paused, while the prosecution ascertains the path of moving forward with the case against the incoming 47th President [3]. 

The current judge concerning Trump’s interference in the federal election has granted a request from Trump’s special counsel, Jack Smith, to pause the process. He stated that this extended time would allow him to formulate his specific formal request for the proceedings of the case–most likely for the prosecution to cease [2]. Smith stated that the prosecution “respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance.” Id.

Smith’s filing arrived just before a memo from House Judiciary Chair Jim Jordan (R-Ohio) and Rep. Barry Loudermilk (R-Ga.), chair of the House Administration Subcommittee on Oversight requested the specific counsel to preserve all records relevant to the investigation [3].

Smith’s filing came just moments before a letter from House Judiciary Chair Jim Jordan (R-Ohio) and Rep. Barry Loudermilk (R-Ga..), chair of the House Administration Subcommittee on Oversight, asked the special counsel to preserve all records related to his investigation. [3]

The letter is a clear sign ofthe  GOP's plans to continue its investigation of Smith in the next Congress. “The Office of Special Counsel is not immune from transparency or above accountability for its actions,” the two lawmakers wrote.“This letter serves as a formal request to preserve all existing and future records and materials related to the Office of Special Counsel’s investigations and prosecutions of President Trump. You should construe this preservation notice as an instruction to take all reasonable steps to prevent the destruction or alteration, whether intentionally or negligently.” [4]

Officials at the Department of Justice saw no room to pursue either criminal case, and the continuance of litigation was fruitless due to Trump’s inauguration date. The department’s position is derived from a 2000 memo by the Office of Legal Counsel [2]. This document reinforced a Watergate-era determination that the “prosecution of a sitting president would ‘unduly interfere in a direct or formal sense with the conduct of the presidency’” Id. If Trump’s case is dropped, this could establish an entirely new precedent for presidential accountability, as well as a redefinition of the powers of the executive branch.

Sources:

1. POLITICO Staff, Tracking the Trump criminal cases (Mar. 14, 2025) https://www.politico.com/interactives/2023/trump-criminal-investigations-cases-tracker-list/
2. Daniel Barnes, Ginger Gibson, and Dareh Gregorian, Judge hits pause on Trump's election interference criminal case (Nov. 8, 2024) https://www.nbcnews.com/politics/2024-election/special-counsel-jack-smith-seeks-pause-trumps-election-interference-cr-rcna179335
3. Ashley Murray, Trump legal case in New York on hold as prosecution studies effect of presidential win (Nov. 14, 2024) https://ohiocapitaljournal.com/2024/11/14/repub/trump-legal-case-in-new-york-on-hold-as-prosecution-studies-effect-of-presidential-win/
4. Rebecca Beitsch and Zach Schonfeld, Judge grants Jack Smith’s request to pause Trump Jan. 6 case (Nov. 8, 2024) https://thehill.com/policy/national-security/4981002-jack-smith-donald-trump-judge-january-6-case-deadlines/