According to reports from CNN, US Special Prosecutor Jack Smith is reportedly planning to resign before President-elect Trump takes office, and is currently discussing with top Justice Department officials on how to end the federal prosecution against Trump.
Smith is said to be expediting handling the two federal criminal cases he brought against Trump in preparation for Trump’s imminent return to the White House, which is described as an “unprecedented situation.”
In October, Trump stated that if he were to be re-elected as President, he intended to fire Smith “within two seconds” of taking office.
Last Friday, Smith filed a motion to cancel all deadlines in the 2020 federal election interference case brought in Washington, D.C., but did not completely dismiss the lawsuit. He stated that his team plans to submit a new report on December 2 to clarify the status of the Trump case.
Despite neither of the two lawsuits brought against Trump by Smith – the 2020 federal election interference case and the handling of confidential documents case – reaching the trial stage, Smith is required by Justice Department regulations to submit a report detailing his investigative findings and explain the charges considered and ultimately filed.
Historically, the Justice Department has abstained from prosecuting a sitting President. A conclusion reached by the Justice Department’s Office of Legal Counsel in 1973 stated that “bringing criminal charges against a sitting President would undermine the ability of the executive branch to perform the functions entrusted to it by the Constitution, which is not permitted.”
Smith has several avenues available to conclude his work, including submitting a report summarizing his investigative findings to Attorney General Merrick Garland. Upon receiving the report from the Special Prosecutor, the Attorney General must decide whether to make the report public, as mandated.
Sources inform CNN that it remains unclear whether Smith’s departure may be delayed if he still needs to submit the report for intelligence community approval.
Reportedly, Smith has informed other members of his team that they too can plan to resign in the coming weeks.
In documents filed last Friday, Smith expressed the need for a month to “assess this unprecedented situation and determine the appropriate course of action in accordance with Justice Department policies.”
According to previous reports by Fox News, the House Judiciary Committee has expressed concerns that Smith and other prosecutors involved in the investigation may “purge” records to evade oversight and have requested them to submit all documents related to the investigation to Congress by the end of this month.