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Jun 4, 2025  |  
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Debra Heine


NextImg:Jack Smith Throws in the Towel, Will Drop Trump Prosecutions Before President-Elect Takes Office

President-Elect Donald Trump’s legal nemesis, Special counsel Jack Smith, is reportedly throwing in the towel in the wake of Trump’s landslide victory in the U.S. presidential election.

“The DOJ, where Jack Smith works, cannot prosecute a sitting president,” Fox News reported Wednesday. “Jack Smith will be gone from his post as special counsel, meaning the cases will be gone before Trump takes the oath of office on January 20.”

Smith is in talks with Biden Justice Department leadership about how to end his federal prosecutions of Donald Trump, according to CNN.

DOJ officials are considering options for how to wind down the two criminal cases against Trump – over his efforts to overturn the 2020 election and his mishandling of classified documents – while also complying with a 2020 memo from the department’s Office of Legal Counsel about indictments or prosecutions of sitting presidents.

“The American people have spoken: the lawfare must end,”  House Majority Leader Steve Scalise posted on X. “I call on Attorney General Garland, Alvin Bragg, and Fani Willis to immediately terminate the politically-motivated prosecutions of President Donald Trump.”