Special counsel Jack Smith is preparing to close two federal cases against President-elect Donald Trump before his inauguration, citing Justice Department policy that protects sitting presidents from prosecution, a source familiar with the plans revealed. Smith initially charged Trump with attempting to overturn the 2020 election and unlawfully retaining classified documents. However, Trump’s election win over Kamala Harris means prosecution is unlikely once he assumes office.
The classified documents case has stalled since July after Judge Aileen Cannon dismissed it, ruling that Smith’s appointment was invalid. While Smith is appealing to revive the case, he plans to conclude it before January to avoid a potential clash with Trump, who has pledged to dismiss Smith if elected. The second case, involving Trump’s alleged conspiracy to interfere in the 2020 election, was paused as Trump argued presidential immunity. The U.S. Supreme Court recently ruled that former presidents have significant protections, sending the case back to Judge Tanya Chutkan to decide if any allegations remain viable.
In New York, Trump may leverage his president-elect status to challenge his recent felony conviction related to a 2016 hush money payment to Stormy Daniels. Judge Juan Merchan is set to rule soon on whether to uphold or dismiss the conviction in light of the Supreme Court’s ruling on presidential immunity.
Trump’s return to the White House could impact state-level cases, including one in Georgia accusing him of 2020 election interference, though he lacks authority to halt state prosecutions.
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