On Wednesday (Nov. 13), The New York Times revealed that special counsel Jack Smith and his team are expected to resign before President-elect Donald Trump takes office. Smith is currently reviewing options for concluding work on the two remaining federal criminal cases against the embattled politician. The Justice Department holds a long-standing policy against charging a sitting head of state.
The prosecutor made substantial progress in their election interference investigation against Trump prior to Nov. 5, the results of which saw the Republican nominee win a decisive victory over Vice President Kamala Harris. As REVOLT previously reported, the federal judge overseeing the case subsequently announced a pause so that both parties could determine the next steps.
The Justice Department indicted Trump in 2023 for his alleged attempts to overturn Joe Biden’s White House win in 2020. The case then faced a major setback when the Supreme Court ruled that Trump holds immunity for certain actions taken as president in the election interference case. Following this ruling, a federal grand jury issued a superseding indictment and recharged Trump with the same four counts.
Additionally, he faced charges in Florida for the alleged mishandling of classified documents after leaving office. That trial, however, was dismissed when another federal judge ruled that Smith’s appointment was unlawful.
Back in October, Trump was asked about his legal woes and what he might do regarding Smith if he won back the presidency. “It’s so easy. In fact, he’s a crooked person,” he stated to conservative commentator Hugh Hewitt. "We won the documents case. We’re in the process of winning all the other cases, I think – even... when we have to go to appeal. We got immunity at the Supreme Court. It’s so easy. I would fire [Smith] within two seconds. He’ll be one of the first things addressed.”