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Special counsel Jack Smith set to resign before Trump takes office: Report
Jack Smith, who oversaw the two federal criminal cases against Donald Trump, is planning to resign before the president-elect assumes office
Special counsel Jack Smith and several members of his team are planning to resign before Donald Trump assumes office, New York Times reported on Wednesday. Sources familiar with the situation say that Smith, who oversaw the two federal criminal cases against the president-elect, is evaluating the best path for wrapping his work before the 47th president's inauguration next year in January.
Jack Smith to resign before Donald Trump is sworn in
According to the report, Smith is trying his best not to leave his work for others before Trump's promise to fire him within “two seconds” of being sworn in. The 55-year-old is responsible for two of the cases against Trump, one involving classified documents Trump kept after leaving office and the other involving his efforts to overturn his 2020 election loss, per Reuters.
Following the dismissal of the classified documents case by a Florida-based federal judge in July, the Justice Department is now evaluating how to wind down Smith's election subversion case against Trump. The DOJ has long held a policy of not prosecuting a sitting president. While it is not clear how quickly the special counsel can finish his work, other officials are aware of Smith's plans to conclude his work before the Biden administration's time is up.
For Smith's final act as special counsel, the public will be the ultimate audience as department regulations call for him to file a report summarising his investigation and decisions. Smith has asked for time till December 2 to make a decision on how to wind down the case. In Friday's filing, he said he needed a month “to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
