Special Counsel Jack Smith to Depart Justice Department Before Trump's Swearing-in Amid Ongoing Federal Cases

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ICARO Media Group
Politics
13/11/2024 22h40

**Special Counsel Jack Smith to Exit Justice Department Before Trump's Inauguration**

Jack Smith, the special counsel overseeing two federal cases against Donald Trump, is planning to exit the Justice Department ahead of the president-elect's swearing-in. Reports from CBS News suggest Smith aims to avoid being dismissed by Trump or his forthcoming attorney general.

As Smith's team wraps up its investigations, neither of the high-profile cases—alleged improper retention of classified documents and attempted interference in the 2020 election—have reached trial. The Justice Department's policy prohibiting criminal proceedings against sitting presidents adds a layer of complexity, rendering further legal action unlikely during Trump's tenure.

A notable development came in July when a Trump-appointed Florida judge dismissed the classified documents case, though an appeal is in progress. The election interference case also remains active but faces procedural barriers. Traditionally, special counsels submit a comprehensive report upon concluding their investigations, detailing their findings and the rationale behind any decisions to press charges. It remains uncertain if Smith will produce such a report for Attorney General Merrick Garland before Trump's inauguration and whether it will be released publicly.

Special counsel reports, while not always leading to direct legal consequences, can notably influence public opinion. For instance, earlier this year, Robert Hur’s report on Joe Biden’s handling of classified documents highlighted concerns about Biden's age and cognitive abilities despite deciding not to press charges.

Smith has already revealed substantial evidence through court filings in the election interference case, where Trump has consistently pleaded not guilty. The former president has portrayed the prosecutions as politically motivated and has successfully argued to the US Supreme Court for presidential immunity on certain official actions. This legal victory caused Smith to adapt his indictment and submit additional evidence.

US District Judge Tanya Chutkan has set a December 2 deadline for Smith to decide his next steps. Smith's departure signals a significant moment in Trump's ongoing legal saga. Trump, who faced four indictments in 2023, saw only one trial proceed in New York. However, his recent election win has brought that verdict into question as his legal team argues it violates presidential immunity and impedes his duties.

The shift in congressional power, with Republicans controlling both chambers, grants Trump reduced oversight, at least for the next two years. This political backdrop underlines the complexities and high stakes as the nation prepares for another presidential transition.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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