Special prosecutor Jack Smith is engaged in a frenzied rush to file a report about his investigations into President-elect Donald Trump so he can resign before Trump fires him.
Smith has led two Biden administration probes into Trump.
One claims that Trump mishandled classified documents that were found in an FBI raid at Mar-a-Lago, Trump’s Florida residence. A second investigation claims Trump’s post-election pushback against the results of the 2020 election was election interference.
Since Trump has promised to fire Smith within “two seconds” after his inauguration, and also because the Justice Department has a policy of not prosecuting sitting presidents, Smith’s investigations will end on or before Jan. 20, when Trump is sworn into office, as noted by Fox News.
Although Smith was never able to try Trump in court, he could be seeking to try Trump in the court of public opinion, according to The New York Times.
Smith will develop a report that is presented to the attorney general. The Times report framed the process as trying to put all the pieces Smith has collected against Trump in one place so that anyone picking up the thread of prosecution need not collect more evidence. House Republicans have said they want all of Smith’s records preserved, as they foreshadow a possible investigation of Smith.
Attorney General Merrick Garland has made other special counsel reports public, with some redactions, and would be likely to do the same with Smith’s report.
If Smith is unable to file his report in time for Garland to make it public, it would then be up to the next attorney general, or whoever is in charge of the Justice Department in the event that Trump nominee Matt Gaetz is not confirmed by the Senate.
The Times report said that Smith’s report could be stalled by a review from intelligence agencies.
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However, given the fact that much of what Smith has said he had on Trump has already been made public, The Times indicated that the report might not have much in the way of sizzle if it reaches the public.
Trump has been convicted of felonies in New York state on charges of falsifying business records, but his attorneys have asked that the convictions be set aside in light of his election, according to The Washington Post.
New York State Supreme Court Judge Juan Merchan has set a Nov. 19 deadline for prosecutors to explain how they want to handle the case.
Trump’s sentencing in the case had been scheduled for Nov. 26.
Emil Bove, an attorney for Trump, has said the election should serve as grounds for dismissing the case.
“There are strong reasons for the requested stay, and eventual dismissal of the case in the interests of justice,” Bove wrote.
The Post said prosecutors could have the option of putting the case on hold during Trump’s term as president.
The Post also noted that a Georgia election interference case against Trump is unlikely to move forward now that Trump has been elected president.
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