Special counsel Jack Smith is in discussions with Justice Department leadership regarding the process of wrapping up federal prosecutions of former President Donald Trump. The intention is for Smith to step down before Trump potentially returns to the White House, as per a DOJ official familiar with the matter.
Despite Trump's threats to dismiss Smith, the special counsel anticipates leaving his position prior to Trump assuming office again. The ongoing talks between Smith and DOJ officials encompass not only Trump's criminal cases but also the handling of other defendants involved in the classified documents case. Additionally, deliberations are being held on the future of the special counsel's office, including decisions on its budget and staff.
Smith is obligated to compile a report on his work for Attorney General Merrick Garland. The timing of Smith's departure could be influenced by the need to submit the report to the Intelligence Community for approval, as indicated by sources briefed on the discussions.
Efforts are being made by Smith to finalize the report before Trump's potential return to office. Garland would be responsible for reviewing and determining whether any part of the report should be made public, according to an individual familiar with the ongoing discussions.