A leak from the Justice Department indicates that if Donald Trump wins the 2024 election, the Biden administration plans to continue pursuing legal cases against him past Election Day. The Washington Post reported that Special Counsel Jack Smith intends to keep filing motions and possibly hold a trial after the election, aiming to conclude these actions before Trump’s potential inauguration on January 20, 2025.

The DOJ, adhering to rules against prosecuting a sitting president, seeks to finalize cases against Trump before he can assume office. “Justice Department officials plan to pursue the criminal cases against Donald Trump past Election Day even if he wins, under the belief that department rules against charging or prosecuting a sitting president would not kick in until Inauguration Day in January,” The Washington Post disclosed.

The urgency to proceed comes despite significant legal setbacks for the DOJ. The Supreme Court recently overturned an obstruction charge used against numerous January 6 defendants, which directly impacts two of the charges against Trump in Smith’s indictment. Additionally, the Court ruled that Trump has absolute immunity for his official acts, further complicating Smith’s case.

In a concurring opinion, Justice Clarence Thomas questioned Smith’s authority as special counsel, highlighting his private citizen status at the time of appointment and the lack of Senate confirmation. These factors have led to delays and challenges in the DOJ’s prosecutions, which are expected to continue bouncing back to lower courts.

The ongoing legal efforts against Trump illustrate the contentious political and legal landscape as the 2024 election approaches. The DOJ’s plans to continue pursuing these cases underscore the high-stakes environment and the potential for significant legal confrontations leading up to Inauguration Day.