DOJ Special Counsel Jack Smith to resign, file report before Trump fires him
Justice Department Special Counsel Jack Smith is reportedly planning to resign before President-elect Trump is inaugurated in January, according to sources familiar with the matter as reported by the New York Times. Smith aims to wrap up his cases against Trump and step down before the new president assumes office, in anticipation of Trump’s threat to fire him “within two seconds.”
Trump has cited a Supreme Court ruling from this summer that expanded the criteria for official presidential conduct immune from prosecution even after leaving office. Smith has been strategizing how to conclude both the 2020 election interference case and the classified documents case prior to Trump’s inauguration, as per Fox News.
The longstanding Justice Department policy states that sitting presidents cannot be prosecuted while in office. Smith recently filed a motion to extend all deadlines in the 2020 election interference case against Trump in Washington, D.C., hinting at a possible dismissal of the case. He plans to provide an updated report on the status of the case on December 2.
As per DOJ regulations, Smith is obligated to submit a report detailing his findings and the charges considered and filed, despite neither case reaching trial. It remains uncertain whether Attorney General Merrick Garland will release the report before President Biden’s term ends or defer to the incoming Trump administration.
Sources close to the matter have indicated that Smith is keen on expediting the process and has informed non-essential team members to prepare for their departures in the coming weeks. In a recent filing, Smith requested a month to evaluate the situation and determine the next steps in line with DOJ policy.
The House Judiciary Committee has expressed concerns about potential record purging by Smith and prosecutors involved in the investigations to evade oversight. They have demanded the production of all documents related to the probes before the end of the month.
In conclusion, the imminent resignation of Special Counsel Jack Smith and the winding down of Trump-related cases signal a significant shift in the ongoing legal battles. The transition of power and potential implications for ongoing investigations will continue to be closely monitored.
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