November 13, 2024
Washington, D.C. – Special Counsel Jack Smith is anticipated to step down before President-elect Donald Trump’s inauguration in January, according to sources familiar with the matter reported by The New York Times. Smith’s decision to conclude his cases against Trump and resign is seen as an attempt to preempt Trump’s campaign promise to dismiss him “within two seconds” upon taking office.
The outgoing president has cited a recent Supreme Court ruling on presidential immunity that expanded the protection of official presidential actions from prosecution even post-presidency. Smith has reportedly been analyzing how to efficiently wind down both the 2020 election interference and classified documents cases, according to Fox News. Longstanding Justice Department policy bars the prosecution of sitting presidents, and Smith’s move appears to acknowledge this principle, especially given Trump’s imminent return to the White House.
In a significant step, Smith filed a motion on Friday to vacate all case deadlines related to the 2020 election interference probe in Washington, D.C. While the motion stops short of formally dropping the case, it signals the special counsel’s intent to put the investigation on hold. Smith committed to providing an updated report on the case’s official status by December 2.
Per DOJ regulations, Smith is required to submit a comprehensive report detailing his findings and explaining the charges that were considered and ultimately filed against Trump, even though the cases have yet to reach trial. Whether this report will be released to the public before Biden’s term ends, or be left to the discretion of the incoming Trump administration, remains uncertain.
As Smith accelerates his timeline, he has reportedly informed DOJ career prosecutors and FBI agents involved in the investigation that they may prepare for their exits in the coming weeks. This expedited wrap-up is part of Smith’s commitment to conclude his work and avoid prolonging what has already been a lengthy investigation.
The House Judiciary Committee has voiced concerns over the potential for document “purges” as the Justice Department prepares to close the investigations. Lawmakers have called on Smith’s office to submit all related records to Congress by the end of the month, a demand aimed at ensuring accountability and transparency before the DOJ closes these high-profile cases.
Smith’s decision to vacate deadlines and prepare his team for a swift exit marks a notable chapter in the legal saga that has followed Trump since his departure from office. With Trump’s pending inauguration, the resolution of these cases will undoubtedly shape the legal and political landscape as he resumes the presidency.
