Jack Smith, the special counsel overseeing the investigation into Trump, is preparing to conclude his work and step down from his position before the new president takes office.
Trump has frequently mentioned his intention to dismiss Smith immediately after assuming power, even suggesting that Smith should be arrested, among other critical remarks. The New York Times first reported this development.
On Friday, Smith filed a request to delay deadlines in his case against Trump, citing the exceptional situation of a president facing legal charges as he prepares to take office. He also referenced a Justice Department memo that prohibits prosecuting a sitting president.
Former U.S. Attorney Barbara McQuade suggests Smith wants to wrap up the case on his terms
The Justice Department noted that it needed time to assess the situation and determine the best course of action in line with its policies. The DOJ’s Office of Legal Counsel had already advised in 1973 that prosecuting a sitting president could undermine the executive branch’s ability to function properly.
Smith’s office did not provide a comment on the matter. According to the Times, several members of Smith’s team are also expected to resign. To conclude his work, Smith could pursue different options, including preparing a report that summarizes his findings.
Special counsels submit their reports to the attorney general, who must then decide whether to make them public. Barbara McQuade, a former U.S. attorney during the Obama administration, previously suggested to The Hill that Smith likely anticipates Trump will eventually shut down the case.
McQuade added that Smith probably wants to finalize everything on his own terms before the end of the current administration, allowing Attorney General Merrick Garland to share it with the public. While it seems likely that the cases may be dismissed without going to trial, at least there will be a historical record of the events.
