Special counsel Jack Smith is in discussions with Justice Department leadership about winding down federal prosecutions against President-elect Donald Trump before Trump takes office. Despite Trump's threats to fire him, Smith expects to leave his position before the new administration begins.
The talks between Smith and DOJ leaders are not only focused on Trump's criminal cases but also on what to do with other defendants in the classified documents case, as well as the future of the special counsel's office, including its budget and staff.
Smith is required to produce a report on his work for Attorney General Merrick Garland. The timing of Smith's departure may be influenced by the need to submit the report to the intelligence community for approval.
Trump and his allies have previously threatened to fire and prosecute Smith's team. Despite these challenges, Smith is working to complete his report before Trump assumes office, pending approval from Garland.
As a sitting president, Trump benefits from protections against prosecution, as outlined by longstanding Justice Department policy and a recent Supreme Court ruling on presidential immunity.
Before leaving his position, Smith must decide how to conclude the two criminal cases he brought against Trump. In Florida, an appeal has been made regarding the dismissal of the classified documents case, while in Washington, DC, Smith's team continues to pursue a criminal case alleging Trump's involvement in a conspiracy to overturn the 2020 election.
