Special counsel Jack Smith and his team are preparing to resign before President-elect Donald Trump assumes office, according to a source familiar with their plans.
Smith’s office has been assessing how best to conclude its work on two federal criminal cases involving Trump, as Justice Department policy prohibits charging a sitting president with a crime.
Key questions remain about whether Smith’s final report, outlining his charging decisions, will be made public before Inauguration Day. Under Justice Department regulations, the special counsel must submit a confidential report to Attorney General Merrick Garland, who has discretion over its release.
Trump, in a late-October radio interview, said he would promptly fire Smith if re-elected, claiming “immunity at the Supreme Court.” The next attorney general could similarly decide not to release Smith’s final report.
Prior to Trump’s recent re-election victory, Smith’s office had continued its efforts in the election interference case against Trump. However, after the election, a federal judge granted Smith’s team until December 2 to decide their next steps.
