Special Counsel Jack Smith plans to retire before President-elect Donald Trump’s inauguration, aiming to complete ongoing cases against the incoming president.
At a Glance
- Jack Smith intends to retire before Trump takes office to avoid being fired
- Smith aims to conclude two federal cases against Trump before the inauguration
- DOJ policy prevents prosecution of a sitting president, halting federal cases once Trump takes office
- Smith’s office is drafting plans to conclude cases, with potential public release of final report
- Recent Supreme Court ruling expanded scope of presidential conduct immune from prosecution
Smith’s Strategic Retirement Plan
Special Counsel Jack Smith is reportedly planning to retire before President-elect Donald Trump’s inauguration in January. This move is seen as a strategic effort to wrap up ongoing investigations and cases against Trump before the new administration takes control. Smith’s decision appears to be motivated by the desire to avoid being fired by Trump and to complete his work without interference.
The timeline for Smith’s retirement is crucial, as it aligns with the Department of Justice policy that prevents the prosecution of a sitting president. This policy effectively halts any federal cases against Trump once he assumes office. Smith’s office is focusing on concluding several cases, with particular emphasis on two federal criminal cases involving Trump.
Special counsel Jack Smith plans to resign from his post before President-elect Donald Trump is sworn inhttps://t.co/mHXmWcrDeo
— PIX11 News (@PIX11News) November 13, 2024
Legal Challenges and Delays
Smith’s efforts to bring cases against Trump have faced significant legal challenges and delays. A federal judge has put Smith’s 2020 election case on hold, with a decision deadline set for December 2nd. In response, Smith requested the court to vacate remaining pretrial deadlines to reassess the situation in line with DOJ policy.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025” – Smith’s one-page filing
Trump’s legal team has successfully delayed both the election interference case and the classified documents case, despite Smith’s initial intent to move quickly to trial. A recent Supreme Court ruling has further complicated matters by expanding the scope of presidential conduct that cannot be prosecuted, even after leaving office.
Implications for Ongoing Investigations
Smith’s retirement plans raise questions about the fate of ongoing investigations and potential prosecutions. While DOJ policy prevents the prosecution of a sitting president, there is no norm preventing the prosecution of alleged criminal conspirators connected to an incoming president. This leaves uncertainty regarding the legal jeopardy of unnamed co-conspirators in the election interference case.
“It’s so easy — I would fire him within two seconds,” Trump said, adding that he got “immunity at the Supreme Court.” – Trump
Smith’s final act as special counsel may be aimed at the public rather than a jury. His office is drafting a plan to end the cases, though unforeseen circumstances could affect the timeline. The potential public release of Smith’s final report on his charging decisions before Inauguration Day depends on Attorney General Merrick Garland’s decision.
NBC News has confirmed Special Counsel Jack Smith and his team plan to resign before President-elect Trump takes office, @LauraAJarrett reports according to a source familiar with the matter.
— Gary Grumbach (@GaryGrumbach) November 13, 2024
The Road Ahead
As the inauguration approaches, the legal landscape surrounding Trump’s cases remains complex and uncertain. Smith’s retirement and the conclusion of his investigations mark a significant moment in the ongoing legal battles involving the former and future president. The coming weeks will likely see intense activity as Smith’s team works to wrap up their efforts before the change in administration.
“assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy” – Smith
The outcome of these cases and the handling of Smith’s final report will have significant implications for the justice system, presidential power, and the political landscape as Trump prepares to return to the White House.
Sources:
- Report: Special Counsel Jack Smith To Retire Before Trump Takes Presidency
- Special counsel Jack Smith and his team to resign before Trump takes office
- Jack Smith Plans to Step Down as Special Counsel Before Trump Takes Office
- Special counsel Jack Smith plans to retire before Trump takes office: report
