Nov. 13 (UPI) — Special counsel Jack Smith will wrap up the two criminal cases against Donald Trump and resign with his team before Trump’s Inauguration Day in January.
The New York Times, citing people familiar with Smith’s plans, first reported Smith’s goal is to not leave unfinished work behind on the cases and to act ahead of Trump’s promise to fire him. NBC News and CNN, also citing anonymous sources familiar, reported Smith would step down.
Smith’s decision is driven by the Justice Department policy of not prosecuting a sitting president together with the U.S. Supreme Court holding that Trump is legally immune from any acts deemed “official.”
As president, Trump has promised to use his powers over the Justice Department to defend himself from criminal charges by firing federal prosecutors to stop their cases against him. He has also threatened to use the Justice Department as presdient to go after his political enemies.
Trump said in an October radio interview he would fire Smith “within two seconds” of becoming president.
Trump vowed during the campaign to take vengeance on his political enemies using his powers as president.
Republicans in Congress are also expected to investigate prosecutors for bringing cases backed by evidence against Trump.
Justice Department regulations require a report from Smith summarizing the investigation into Trump’s alleged crimes. It’s unclear whether that will be publicly available.
Trump was indicted by a grand jury for an alleged criminal conspiracy to block and overturn results in the 2020 election won by Joe Biden.
Smith oversaw that case as well as a second classified documents criminal case against Trump in Florida.
Smith is also considering what to do about cases against other defendants in the Trump cases.
In addition to the federal felony cases pending against him Trump has been convicted on 34 state felonies on New York.