Washington, D.C. — Special Counsel Jack Smith is in ongoing discussions with senior Justice Department officials on potential steps to end his criminal prosecutions of President-elect Donald Trump, sources familiar with the matter told ABC News. This decision reflects longstanding DOJ policy prohibiting the prosecution of a sitting president, sources said, as well as recent questions surrounding the legality of Smith’s appointment.
Smith’s cases face significant obstacles after a Supreme Court ruling this summer granted partial immunity to presidents, impacting both his cases against Trump. His legal standing was further complicated by a ruling from U.S. District Judge Aileen Cannon, who dismissed Trump’s classified documents case on the grounds that Smith’s appointment as special counsel was unconstitutional. Cannon cited the fact that Smith was neither appointed by the president nor confirmed by Congress, raising questions about the legality of Smith’s office, which the ruling suggests does not legally exist within the DOJ’s framework.
Smith’s prosecutions have also encountered new challenges following President-elect Trump’s decisive election victory. Trump’s ascension to the White House will further protect him from federal criminal prosecution, as DOJ policy prohibits charging a sitting president with a crime. Although Trump has vowed to fire Smith upon taking office, his removal may become unnecessary if Smith’s cases are already rendered moot by DOJ policy and recent judicial rulings questioning the validity of his role.
In October, Trump reiterated his intent to dismiss Smith, calling him “one of the first things addressed” upon taking office. “We got immunity at the Supreme Court. It’s so easy. I would fire him within two seconds,” Trump stated on the Hugh Hewitt Show.
Smith’s cases, initially seen as a critical element in holding Trump accountable, have now been complicated by both procedural challenges and political developments. The cases included Trump’s federal charges for allegedly trying to overturn the 2020 election and his indictment over the alleged unlawful retention of classified government documents.
The election case, which was still in pretrial stages, will likely be dismissed, as Trump’s new role ensures his immunity. The classified documents case was already dismissed by Judge Cannon, adding yet another layer of judicial scrutiny and highlighting the questionable foundation of Smith’s office.
Smith, appointed by Attorney General Merrick Garland in November 2022, initially pursued his cases aggressively. However, DOJ insiders now suggest that the special counsel’s office may face a formal dissolution, as recent rulings and DOJ internal policies limit its prosecutorial future.
As the DOJ considers its next steps, Smith’s talks with DOJ leaders could soon bring an official end to his cases against Trump. This resolution would mark a historic and complex chapter in U.S. legal and political history, underscoring the limits of prosecutorial authority over presidential conduct and the questions surrounding the legitimacy of executive appointments.
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