Special Counsel Jack Smith Plans to Depart Justice Department Before Trump’s Second Term Begins

Special Counsel Jack Smith is expected to leave the Justice Department before President-elect Donald Trump takes office in January, according to sources familiar with his plans. Smith, who was appointed by Attorney General Merrick Garland to lead investigations into Trump’s handling of classified documents and alleged attempts to overturn the 2020 election results, will step down to avoid the possibility of being fired by Trump. Before his departure, Smith is expected to issue a final report on the cases, though it will primarily serve a historical purpose.

Smith’s departure follows Trump’s recent election win over Vice President Kamala Harris, a victory likely to bring both federal cases against him to a close. Trump, who pleaded not guilty to all charges and claimed no wrongdoing, faced 40 counts related to mishandling classified documents and four counts related to efforts to contest the 2020 election outcome. The cases were paused earlier this year as Trump pursued a claim of presidential immunity, which was dismissed by the Supreme Court.

The Justice Department, which generally avoids prosecuting sitting presidents, is in active discussions on how to conclude the cases. Judge Tanya Chutkan recently granted Smith’s request to pause proceedings in the 2020 election case and ordered a report outlining the Justice Department’s proposed course of action by December 2.

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