Report: Special Counsel Jack Smith To Retire Before Trump Takes Presidency

Special counsel Jack Smith speaks to members of the media at the US Department of Justice building in Washington, DC, on August 1, 2023. Donald Trump was indicted on August 1, 2023 over his efforts to overturn the results of the 2020 election -- the most serious legal threat yet to the former president as he campaigns to return to the White House. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)
Special counsel Jack Smith speaks to members of the media at the US Department of Justice building in Washington, DC, on August 1, 2023. (Photo by SAUL LOEB/AFP via Getty Images)

OAN Staff James Meyers
1:42 PM – Wednesday, November 13, 2024

Special Counsel Jack Smith is reportedly running through hurdles to finalize whatever work he has left, in order to retire before President-elect Donald Trump takes back the White House in January, denying the 47th president the chance to fire him.

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Smith is reportedly finishing up two federal cases that he has been pursuing against the new president-elect, so that he can get ahead of Trump’s promise to axe him within “two seconds” of being sworn back into the White House, according to a report from the New York Times on Wednesday.

The outlet also reported that Smith is already telling members of his team that they can start planning their departures over the next several weeks before Trump takes office. 

Individuals familiar with the situation who reached out to the press claim that Smith’s office is still brainstorming plans regarding how to wrap up a number of cases against Trump.

Meanwhile, the president-elect’s victory also halts any Trump-related federal prosecution efforts set in motion by Smith, given the Department of Justice’s (DOJ) long-standing policy “that says that a sitting president cannot be indicted,” the Hill reported.

Under DOJ regulations, Smith is required to file reports summarizing his probes and any subsequent decisions.

According to government sources, the DOJ should be dismissing all pending cases against the 47th president. A federal judge placed Smith’s 2020 election case on hold after he asked for a delay in court filing deadlines.

The order by U.S. District Judge Tanya Chutkan called on Smith to quickly decide his next move by December 2nd.

“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” Smith’s one-page filing read. 

“The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”

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