### Special Counsel Jack Smith Prepares to Conclude Federal Cases Against Donald Trump

In anticipation of Donald Trump's upcoming inauguration, Special Counsel Jack Smith is exploring how to conclude two major federal cases against the former president. This consideration aligns with the longstanding Justice Department policy that prohibits the prosecution of sitting presidents. According to an anonymous source familiar with the case, this policy shift is taking place to prevent legal complications as Trump assumes office.

Smith initially charged Trump last year with attempting to overturn the results of the 2020 presidential election and unlawfully retaining classified documents at his Mar-a-Lago estate. However, Trump's triumph in the recent election means these prosecutions are now seen as in conflict with the Justice Department's legal opinions, which aim to protect sitting presidents from criminal charges.

Smith's move to wind down these cases before January's inauguration could prevent a possible confrontation with Trump, who has previously declared he would quickly fire the special counsel upon taking office. By addressing the cases now, Smith ensures Trump steps into the White House without the looming threat of federal criminal prosecutions that could have led to felony convictions and potential imprisonment.

The cases in question include the conspiracy to negate the election results leading up to the Capitol riot and the illegal retention of top-secret documents at Mar-a-Lago. Appointed by Attorney General Merrick Garland in November 2022, Smith has faced significant hurdles, including a dismissal of the classified documents case in July by Judge Aileen Cannon, a Trump appointee. Cannon's ruling, which deemed Smith's appointment illegal, is currently under appeal in the 11th U.S. Circuit Court of Appeals.

Meanwhile, the 2020 election interference case faced a delay as Trump pursued claims of immunity from prosecution, ultimately bringing the matter before the U.S. Supreme Court. A July ruling by the conservative-majority Supreme Court granted former presidents broad immunity for actions taken while in office, sending the case back to U.S. District Judge Tanya Chutkan to decide which allegations, if any, could proceed to trial. Smith's team responded by filing a detailed 165-page brief to argue that the actions in question were carried out in Trump's capacity as a candidate, not as president, aiming to keep elements of the case alive.

As Trump prepares to assume the presidency, his legal team may seek to leverage his status to overturn or expunge his felony conviction related to a $130,000 hush money payment to Stormy Daniels, the only one of his criminal cases to go to trial. Efforts to move this case to federal court were rejected before the election, and they are now pursuing an appeal. Judge Juan M. Merchan is expected to decide soon whether to uphold or dismiss the verdict following the U.S. Supreme Court's July ruling.