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Jack Smith plans to leave Justice Department before Trump takes office

Jack Smith plans to leave Justice Department before Trump takes office

 


Jack Smith, the special counsel who led two federal criminal cases against Donald Trump, is expected to leave the Justice Department before the president-elect takes office, reports CBS News, the BBC's US media partner.

This timing would allow Mr. Smith to leave his post without being fired by Trump or his eventual attorney general, CBS says, citing two people familiar with his plans.

If his exit goes as planned, Mr. Smith would leave without any of his criminal charges against Trump for the alleged improper hoarding of classified documents and an alleged attempt to interfere in the outcome of the 2020 election heading to trial.

His team is reportedly winding down its work, as Trump's election makes the files virtually complete.

A Trump-appointed Florida judge dismissed Trump's classified documents case in July, although the decision remains under appeal.

The election interference case is currently ongoing. But Justice Department procedure prohibits criminal charges against sitting presidents while they are in office.

Traditionally, special advocates issue a final report at the conclusion of their investigation, detailing the steps their investigation took and their conclusions on whether charges should be filed.

It is not yet clear whether Mr Smith will submit such a report to US Attorney General Merrick Garland and whether it will see the light of day before Trump takes office.

The Justice Department did not immediately respond to the BBC's request for comment.

Even if they do not directly result in legal action, special advocates' reports can have a significant impact on the public sphere if they are published.

Over the summer, for example, special counsel Robert Hur released a report on Joe Biden's retention of classified documents; The prosecutor's decision not to charge Biden was overshadowed by damaging revelations about Biden's age and mental acuity.

Mr. Smith has already released much of his evidence in Trump's election interference case in court filings.

Trump had pleaded not guilty in both cases and sought to portray the prosecutions as politically motivated.

Trump successfully argued before the U.S. Supreme Court that presidents have immunity from criminal prosecution for certain official acts performed while in office. The victory forced Mr. Smith to recalibrate his indictment, but also allowed him to file a raft of evidence to support his case.

U.S. District Judge Tanya Chutkan gave Mr. Smith a Dec. 2 deadline to decide how to proceed.

Mr Smith's departure would mark Trump's legal triumphs over the US criminal justice system.

The president-elect was charged in four different criminal cases in 2023, only one of which went to trial in New York.

That case, involving a fraudulent attempt to conceal secret money payments to an adult film star, resulted in a conviction on 34 counts.

But Trump's election has thrown even that verdict into question, as his lawyers seek to overturn the conviction on the grounds that it violates presidential immunity and would interfere with his White House duties.

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