Special counsel Jack Smith is set to resign before President-elect Donald Trump is inaugurated, signaling the likely end of his high-profile investigations into Trump’s alleged criminal actions.
Smith, who led the Department of Justice’s probes into Trump’s role in January 6 and his mishandling of classified documents, will wrap up his work and step down, according to The New York Times.
Trump has long made it clear that he intends to remove Smith upon assuming office, even vowing to fire him “within two seconds” of being sworn in. His rhetoric has included calls for Smith’s arrest for prosecuting him.
While Smith’s investigation has been one of the most prominent in recent years, the upcoming shift in presidential power raises significant questions about whether Trump will ever face legal consequences for his actions. DOJ policy and a recent Supreme Court ruling severely restrict the ability to prosecute a sitting president, with the Court’s decision expanding the scope of immunity for official presidential conduct even after leaving office. As a result, the Justice Department is effectively unable to pursue charges against Trump once he takes the oath of office.
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In response to this legal landscape, Smith filed a request on Friday to suspend deadlines in the election interference case against Trump, acknowledging the unprecedented situation of a president-elect facing serious charges while preparing to enter office. The Justice Department is grappling with how to proceed, considering both the constraints of its own policies and the political realities of the situation.
“The government needs time to assess this unprecedented circumstance and determine the appropriate course going forward,” the DOJ noted, signaling that its hands may be tied in terms of prosecution once Trump is in power.
The resignation of Smith and other members of his team further underscores the likelihood that Trump will avoid accountability for his alleged crimes. While Smith could issue a final report summarizing the investigations, it is increasingly clear that without further action from the DOJ or Congress, Trump will escape criminal prosecution.
