WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump at the Justice Department on August 1, 2023 in Washington, DC. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Photo by Alex Wong/Getty Images)
Jack Smith, the special counsel who engaged in the two federal prosecutions of President-elect Donald Trump, plans to resign with fellow members of his team before Trump takes office after his inauguration in January.
Smith’s goal is to not leave any significant part of his work for others to take over and get ahead of Trump’s promise to fire him immediately after being sworn in.
Smith who took office two years ago has operated under the ssumption that no one, even an a former president, is above the law. He now finds himself defensive and rushing to to finish complaex investigations which have been slowed by the court and are controversial due to Trump’s electoral victory.
Smith’s office is drawing up plans to end the cases but judicial rulings or decisiions by other government officials could alter his timeline of leaving before Trump returns to office.
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Trump’s federal cases have come to a close as he is returning to office and the Justice Department has withheld the policy that a sitting president cannot be prosecuted for crimes. A Supreme Court ruling this summer expanded this policy to include presidents can’t be prosecuted after leaving office either.
Smith’s audience for his last act as special counsel with be the public.
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