Special Counsel Jack Smith Navigates Challenges in Concluding Legal Actions Against President-Elect Donald Trump Amid DOJ Policies
ICARO Media Group
**Special Counsel Considers Dropping Trump Prosecutions Amid DOJ Policies**
Special Counsel Jack Smith is in discussions with senior Justice Department officials on how to conclude his legal actions against President-elect Donald Trump. This decision aligns with the Department of Justice's policy that prohibits the prosecution of a sitting president, sources familiar with the matter informed ABC News.
The complexity of dismissing two high-profile cases— the federal election subversion case in Washington, D.C., and an ongoing appeal of Judge Aileen Cannon's dismissal of the classified documents case— remains unclear. Trump has insistently stated that he would terminate Smith's position almost immediately upon assuming office, referencing what he believes to be immunity granted by the Supreme Court. During a call to the "Hugh Hewitt Show" on October 24, Trump asserted, "I would fire him within two seconds. He'll be one of the first things addressed."
Smith, appointed by Attorney General Merrick Garland in November 2022, was tasked with probing Trump and his associates over their attempts to invalidate the 2020 election results and Trump’s alleged mishandling of classified documents from his tenure in the White House. On June 8, 2023, Smith indicted Trump for unlawfully keeping classified documents and obstructing attempts to retrieve them. Trump entered a not-guilty plea in response to these charges in a Florida federal court.
Further complications arose on August 1, 2023, when Trump was indicted on four felony counts related to his efforts to overturn the 2020 election results. Trump pleaded not guilty to these charges as well. The pursuit of these cases has been affected by the Supreme Court's recent decision offering presidents partial immunity from prosecution, leading to the Jan. 6 case being returned to a lower court. Additionally, Judge Cannon, nominated by Trump, dismissed the classified documents case, declaring Smith's appointment unconstitutional due to lack of presidential appointment or congressional confirmation.
In light of these developments, Smith’s team must now navigate the challenge of potentially withdrawing their cases against the incoming president while adhering to longstanding Justice Department protocols.