Special counsel Jack Smith is planning to step down with his team before President-elect Donald Trump takes office, according to a new report.
The idea is to leave before Mr. Trump can fire him.
Mr. Smith secured two federal indictments against Mr. Trump, one for his actions following the 2020 election and one for storing classified documents at his Mar-a-Lago estate in Florida.
He initiated steps to wind down his cases after Mr. Trump won the election, given the principle that sitting presidents aren’t criminally prosecuted.
Now, The New York Times reports that Mr. Smith plans to leave entirely. Mr. Trump has said he plans to fire Mr. Smith within “two seconds” of taking office.
The Department of Justice requires Mr. Smith to draft a report summarizing his work. Such a report may shed light on investigative work that has not been made public so far.
For instance, special counsel Robert K. Hur declined to pursue charges against President Biden for retaining classified documents after serving as vice president. His report also shed a poor light on Mr. Biden’s cognitive abilities and memory.
Mr. Smith is racing against the clock to finalize his work and draft a final report. It is unclear if Attorney General Merrick Garland will release the report or leave it to the Trump administration to decide.
Mr. Garland appointed Mr. Smith in 2022 to oversee investigations into Mr. Trump.
The documents case in Florida was dismissed after a federal judge ruled that Mr. Smith was not lawfully appointed. Mr. Smith appealed that decision.
The election subversion case in Washington was delayed by a Supreme Court decision that held presidents enjoy immunity from prosecution for official acts. Still, it had been heading toward trial.
After the election, Mr. Smith asked for relief from filing deadlines to wind down the case.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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