Jack Smith Looking To Step Down, End Cases Against Trump Pre-Inauguration
Special Counsel Jack Smith is expected to step down following the conclusion of his cases against President-elect Donald Trump, as reported on Wednesday. According to a Justice Department source cited by CNN, Smith is in discussions with DOJ officials about how to wind down both the January 6 case and an appeal concerning U.S. District Judge Aileen Cannon’s ruling to dismiss his classified documents case against Trump, soon to be the 47th president.
“Trump has threatened to fire Smith, but Smith expects to be gone before Trump takes office,” CNN reported. The outlet further noted that Smith’s conversations with DOJ leaders involve not only Trump’s cases but also considerations regarding other defendants involved in the classified documents case, along with decisions about the special counsel’s office budget and personnel.
Smith will submit a report on his work to Attorney General Merrick Garland, though the timing of his departure could depend on whether the report requires review by the intelligence community, according to sources familiar with the matter. Smith is aiming to complete the report before Trump assumes office, after which Garland will decide whether any sections will be publicly released. The New York Times first reported on Smith’s anticipated resignation.
As president, Trump benefits from certain protections against prosecution, which he lacked as a private citizen. Longstanding DOJ policy prevents the prosecution of a sitting president, and a recent Supreme Court ruling reinforced that Trump has "absolute" immunity from legal action for actions within his core presidential powers.
Before his departure, Smith must determine how to conclude the two cases he initiated against Trump. In Florida, Smith’s team has appealed Judge Cannon’s ruling, which argued that his appointment as special counsel was unconstitutional and that his office’s funding violated legal guidelines. In Washington, D.C., Smith is proceeding with the case accusing Trump of conspiring to overturn the 2020 election, relying on the Supreme Court’s ruling on presidential immunity.
In a related development, the Supreme Court recently rejected former White House Chief of Staff Mark Meadows’ request to move his Georgia election interference case to federal court, a decision it did not elaborate on, according to the Associated Press. Meadows, along with 18 others, faces charges in Georgia alleging involvement in a plan to keep Trump in office despite his 2020 loss. Trump, re-elected last week, is unlikely to stand trial during his term, while both Trump and Meadows maintain their innocence.
Meadows’ attorney, George Terwilliger, has stated that his client will continue asserting his innocence in state court, anticipating an eventual acquittal. Meadows had argued that the case should be handled in federal court, given its ties to his role as a federal officer.
The impact of Trump’s re-election on other defendants remains uncertain, especially as an appeals court reviews a request to dismiss Fulton County District Attorney Fani Willis over her alleged relationship with the special prosecutor she appointed to lead the case.