Special counsel Jack Smith and his team will be resigning before President-elect Donald Trump takes office, according to a source familiar with the matter.
Smith’s office was currently considering the best course of action to wrap up its work on the two ongoing federal criminal cases against Trump, as the DOJ has long maintained that it cannot charge a sitting president with a crime.
Prior to Trump’s re-election last week, Smith and his team had made significant progress in their election interference investigation. However, following Trump’s electoral victory, the federal judge overseeing the case decided to halt the proceedings to give the special counsel’s office time to determine the next steps.
Last year, the Justice Department indicted Trump as part of the investigation into his efforts to overturn the 2020 presidential election. However, Smith’s case experienced a stall in July when the Supreme Court ruled that Trump has immunity for certain actions taken as president in the federal election interference case. In August, a federal grand jury filed an additional indictment, charging Trump with the same four counts in light of the immunity ruling.
In addition, the Justice Department indicted Trump for withholding classified documents in his Mar-a-Lago mansion in Florida after leaving the White House. However, in July, a federal judge dismissed the case, ruling that Smith’s appointment as special counsel was illegitimate.
Smith’s decision to resign marks another significant victory for Trump, who has managed to shield his judicial affairs and avoid potential future indictments by invoking presidential immunity.
