Special Counsel Jack Smith intends to conclude his work and resign before President-elect Donald Trump assumes office. Trump has indicated he would dismiss Smith immediately upon taking office and has made further hostile remarks, including suggesting Smith should be arrested.
On Friday, Smith requested a pause in legal deadlines for Trump’s election interference case, citing DOJ policies and the unique situation of a sitting president facing charges. The DOJ has a longstanding policy against prosecuting a sitting president, originally outlined in a 1973 Office of Legal Counsel memo, which states that prosecuting a sitting president would hinder the executive branch’s functions.
While Smith’s office declined to comment, reports indicate that other team members may also step down. Smith could close his investigation by issuing a final report to Attorney General Merrick Garland, who would decide on its public release. Former U.S. Attorney Barbara McQuade noted that Smith may be working to conclude the case under his terms, potentially creating a historical record before Trump’s likely dismissal of the cases.
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