Special counsel Jack Smith and his team at the Justice Department who investigated and charged Donald Trump will step down before the president-elect takes office and potentially makes good on a promise to fire him, The New York Times and NBC News reported Wednesday.
Smith and his team had been assessing how best to wind down the ongoing investigations against the former president since he won the election and the Justice Department has a long-standing policy that a sitting president can’t be prosecuted, nor can a president self-pardon.
Trump has continually blasted Smith, turning him into a hated figure in the MAGA world and saying he would fire him “in two seconds” after his inauguration.
Smith seemingly will get ahead of that firing by ending the two outstanding federal cases against Trump. He could also issue a full report and make any criminal referrals before Trump takes office.
Democracy In The Balance
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The Supreme Court threw a wrench into Smith’s work in July when it ruled that presidents have immunity for actions taken in an “official” capacity.
This resulted in a federal judge dismissing one of Smith’s cases — one that charged Trump over mishandling classified documents by keeping them at his Mar-a-Lago estate in Florida. Smith appealed this ruling, and oral arguments haven’t been heard yet.
The other case involves Trump’s alleged conspiracy to overturn the results of the 2020 election on Jan. 6, 2021. This forced delays and revisions to the indictment, and deadlines in the case were all pushed back until December. Experts expect the case to get thrown out when Trump takes office.