Special counsel Jack Smith is in discussions with the Justice Department to end both federal criminal cases against President-elect Donald Trump, according to multiple reports on Wednesday.
Smith, who has led two cases against Trump since he was appointed by Attorney General Merrick Garland in November 2022, is planning to halt the 2020 election subversion case and the classified documents case against Trump in light of Trump’s decisive presidential victory, multiple outlets reported, citing sources familiar with the matter.
The developments were reported by Fox News and CNN. A spokesperson for the special counsel’s office declined to comment to the Washington Examiner but highlighted the DOJ’s long-standing policy that states, “The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions,” according to a memorandum from October 2000.
A source connected to Trump’s legal team told the Washington Examiner they had not received direct contact confirming Smith’s reported intentions to wind down the federal cases but emphasized that it is “constitutionally impossible to prosecute a sitting president of the United States of America.”
“Given the very serious constitutional and legal issues with prosecuting even a president-elect of the United States of America, I would be shocked if Jack Smith’s operation is not swiftly wound up by the Biden Department of Justice,” the source added.
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Trump was largely expected to order his DOJ to dismiss the cases once he assumed office on Jan. 20, but a source told Fox News the decision could come from Smith well before the president-elect takes his oath of office.
This is a developing story and will be updated.
