Revised Report: Jack Smith’s Cases Against Trump Likely to Be Closed

According to recent reports, the Department of Justice (DOJ) may soon end special counsel Jack Smith’s two federal criminal cases against now-President-elect Donald Trump.

Smith initially charged Trump with "obstructing an official proceeding," "conspiracy to defraud the United States," and "conspiracy against rights" in a case concerning alleged 2020 election interference filed in Washington, D.C.

In July, however, the Supreme Court ruled that presidents are granted immunity for official acts performed while in office, compelling Smith to revise his indictment and delaying a potential trial until after the election.

In Florida, Smith also charged Trump with unlawfully retaining classified national defense documents, obstruction, and false statements. However, Judge Aileen Cannon ruled that the DOJ's appointment of Smith as special counsel lacked congressional approval, deeming it unconstitutional. The DOJ has since appealed this decision to the 11th U.S. Circuit Court of Appeals.

NBC News justice correspondent Ken Dilanian explained on Wednesday, “It’s not a surprise that these cases can’t go forward when Donald Trump takes office. What’s interesting here is that the DOJ is moving to end them even before he takes office, citing the long-standing DOJ policy that sitting presidents can’t be prosecuted."

He added that some believed “Jack Smith was going to sprint through the finish line, was going to work up until the last day, force Trump to fire him, wait until a new attorney general was appointed, but that does not appear to be the thinking inside the department.” Instead, the current perspective is that “these cases can’t go forward.”

“There’s no reasonable prospect of getting to trial within the three months before Donald Trump takes office. These cases are mired in legal issues that would be appealed all the way to the Supreme Court, had Donald Trump lost the election,” Dilanian added.

In light of Trump’s win, the DOJ has reportedly concluded that the “sensible thing to do is figure out a way to wind them down.”

According to Dilanian, Trump’s attorneys may file motions referencing both the election result and the DOJ’s policy against prosecuting sitting presidents.

A 2000 DOJ memo supports this stance, indicating that prosecuting a sitting president would “unduly interfere in a direct or formal sense with the conduct of the presidency.” The DOJ memo suggests that impeachment and removal from office, followed by criminal prosecution if warranted, is the appropriate route.

While Trump’s federal cases are seemingly headed toward dismissal, a New York conviction related to business records still stands.

CNN reports that Judge Juan Merchan has until Nov. 12 to decide if the Supreme Court’s recent ruling on presidential immunity affects the trial’s evidence to the extent that dismissal is warranted.

Merchan might proceed with sentencing, possibly imposing jail time, though Trump’s legal team could request a delay, planning appeals to higher state courts or potentially the U.S. Supreme Court.

CNN noted that “any sentence, of course, will be complicated by the fact that Trump is set to take office on January 20, 2025.” His lawyers could argue constitutional challenges regarding a state judge sentencing a president-elect, which may extend the case through years of appeals.

Fox News correspondent David Spunt summarized on Wednesday, “Donald Trump’s legal problems have essentially all gone away since he won last night.”