Trump's victory over Vice President Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.
In a court filing Friday in the 2020 election case, Smith's team said it needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy."
Smith's team said it would inform the judge of “the result of its deliberations” by Dec. 2.