Special Counsel Jack Smith and his team are planning to resign before President-elect Donald Trump assumes office, according to a source familiar with the matter. Smith’s office has been working on two federal criminal cases against Trump, but the Justice Department’s policy prohibits charging a sitting president with a crime.
Smith has been overseeing investigations into Trump’s efforts to overturn the 2020 election results and his handling of classified documents after leaving office. Following Trump’s election victory, a federal judge allowed Smith’s office until December 2 to decide the best course of action.
Trump, who had previously threatened to fire Smith if re-elected, could influence whether Smith’s final report on the cases is made public.
The Justice Department is required to provide a confidential report to Attorney General Merrick Garland, who can choose whether to release it.
Smith had moved forward with charges against Trump but faced delays due to legal challenges and a Supreme Court ruling in July granting Trump immunity for some of his actions. Smith is also seeking a delay in an appeals case regarding classified documents.
The investigation into Trump’s election interference remains ongoing, and the department will continue to assess the situation as Smith’s team prepares to step down.