
Special prosecutor Jack Smith reportedly plans to resign before President-elect Donald Trump takes office.
Smith is discussing the mechanics of closing federal criminal prosecutions against Trump with Justice Department leadership. Trump has threatened to fire Smith, but Smith is expected to leave before Trump takes office.
Discussions between Smith and DOJ officials extend beyond Trump's criminal cases to questions about what to do with other defendants in the classified documents case, as well as the special counsel's office and what happens to its budget and staff. .
Smith is required to produce a report on his work for Attorney General Merrick Garland. It is not clear whether the timing of Smith's departure would be delayed if he has to submit his report to the intelligence community for approval, according to people briefed on the discussions.
Smith is working to complete the report before Trump takes office, as Garland will have to approve it and decide whether to release any part of that report.
Trump and his allies have repeatedly threatened to fire and prosecute Smith's team. In October, the president-elect said he would use presidential powers to end the Smith investigation and promised to fire Smith "within two seconds."
As president, Trump benefits from protections against criminal prosecution that he did not have as a civilian. Longstanding Justice Department policy says a sitting president cannot be prosecuted for crimes, and a Supreme Court ruling this summer found Trump enjoyed "absolute" immunity from prosecution for actions taken within his basic constitutional powers. as president.
Before he leaves, Smith will have to decide how to end the two criminal cases he brought against Trump. In Florida, Smith has appealed Judge Aileen Cannon's decision to dismiss the classified documents case, ruling that Smith was unconstitutionally appointed as special counsel and that the funding of his office also violates the law.
And in Washington, DC, Smith's team has been moving forward in the criminal case alleging Trump orchestrated a conspiracy to overturn the 2020 election in the wake of the Supreme Court's ruling on presidential immunity./CNN
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