Special Counsel Jack Smith to Step Down Before Trump’s Presidency
Special counsel Jack Smith is reportedly planning to step down before President-elect Donald Trump takes office, according to a DOJ official familiar with the discussions. Despite threats from Trump to fire him, Smith expects to leave his position before the new administration begins.
Winding Down Federal Prosecutions
The discussions between Smith and DOJ leadership are not only about Trump’s criminal cases but also involve decisions regarding other defendants in the classified documents case. Additionally, there are talks about the fate 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.
- There are considerations about the timing of Smith’s departure in relation to submitting the report for approval by the intelligence community.
- Garland would need to approve the report and decide on its potential public release.
Trump and his allies have been vocal about their intentions to fire and prosecute Smith’s team. The president-elect has previously stated his plans to use presidential powers to end Smith’s probe and remove him from his position swiftly.
Legal Implications
As president, Trump is shielded from prosecution by longstanding Justice Department policy, which prevents the prosecution of a sitting president for crimes. Moreover, a Supreme Court ruling over the summer affirmed Trump’s “absolute” immunity from prosecution for actions taken within his constitutional powers as president.
Before leaving his post, Smith will need to make decisions on how to conclude the two criminal cases he brought against Trump.
- In Florida, an appeal has been filed against Judge Aileen Cannon’s dismissal of the classified documents case, citing concerns about Smith’s appointment and the funding of his office.
- In Washington, DC, Smith’s team continues to pursue the criminal case alleging Trump’s involvement in a conspiracy to overturn the 2020 election, post the Supreme Court’s ruling on presidential immunity.
Conclusion
The impending departure of Special Counsel Jack Smith before President-elect Trump assumes office raises questions about the future of ongoing investigations and legal proceedings. As the transition of power looms, the fate of Smith’s work and the potential consequences for Trump remain uncertain.
FAQ
What is the timeline for Jack Smith’s departure?
Jack Smith is expected to step down before President-elect Donald Trump takes office.
What are the implications of Trump’s threats to fire Smith?
Despite Trump’s threats, Smith anticipates leaving his position before the new administration begins.