Multiple sources report that special counsel Jack Smith is in discussions with senior Department of Justice (DOJ) officials about ending his cases against President-elect Donald J. Trump. This follows the Department’s longstanding policy of prohibiting prosecuting a sitting president.
Smith’s team is evaluating how to halt proceedings in both the federal election subversion case in Washington, D.C., and the ongoing appeal concerning the classified documents case, which was dismissed by Judge Aileen Cannon.
In June 2023, Trump faced charges of unlawfully keeping classified documents post-presidency and obstructing their retrieval, to which he pleaded not guilty in Florida’s federal court. By August 2023, additional charges were filed against him for allegedly trying to overturn the 2020 election. Again, Trump pleaded not guilty.
The Supreme Court’s recent ruling granting partial immunity to presidents has significantly impacted these cases. As a result, the January 6 case has been returned to a lower court, while Judge Cannon dismissed the classified documents case, reasoning that Smith’s appointment as special counsel was unconstitutional. His appointment did not receive presidential or congressional approval.
Trump has publicly stated his intention to swiftly dismiss Smith once inaugurated.