By Steve Neavling
Jack Smith, the special counsel who led two federal prosecutions against Donald J. Trump, is planning to complete his work and resign, along with other team members, before Mr. Trump assumes office in January, according to people familiar with his plans, The New York Times reports.
Smith’s objective, they said, is to leave no substantial part of his work for others to finish, aiming to complete his tasks before the president-elect can fulfill his pledge to fire him “within two seconds” of taking the oath of office.
Since his appointment two years ago, Smith has operated under the belief that no one, not even a former president, is above the law. However, as he races to wrap up his investigations, he faces the challenge of finalizing two complex cases that have been delayed by court rulings and ultimately rendered moot by Trump’s electoral victory.
Smith’s office is currently working on a plan to conclude the cases, though unforeseen developments — such as judicial decisions or other government actions — could impact his timeline. Nonetheless, Smith is striving to complete his work and depart before Trump takes office, according to sources.
The outcome of the election effectively ended the federal cases against Trump, as Justice Department policy has traditionally maintained that a sitting president cannot be prosecuted. Moreover, a recent Supreme Court decision has significantly broadened the protections against prosecuting official presidential conduct, even after a president leaves office.
As Smith approaches his final duties as special counsel, his primary audience may no longer be a jury but the public. Department regulations require him to file a report summarizing his investigation and conclusions — a document that may serve as the final account of his efforts, which involved extensive charges against a former president but ultimately did not reach trial.
The timeline for completing this report remains unclear, leaving it uncertain whether it will be made public before the Biden administration’s departure. However, several officials indicated that Smith has no plans to stay longer than necessary and has instructed team members not directly involved in wrapping up the cases to begin planning their departures.
