Special Counsel Jack Smith plans to leave role before Trump takes office

Special Counsel Jack Smith, the Department of Justice prosecutor who’s been investigating President-elect Donald Trump, plans to leave his role before Trump takes office, according to The New York Times. Trump has said he would fire Smith “within two seconds” of being sworn in.

The federal cases against Trump, including his criminal 2020 election interference case and his classified documents case, won’t move forward. This is due to a policy the Justice Department has against prosecuting sitting presidents.

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Smith is working to figure out how to wind down the cases and finish his work before Trump is inaugurated, the Times reports.

The special counsel’s work will include a report to Attorney General Merrick Garland detailing Smith’s charging decisions.

Smith said Friday, Nov. 8 that his team will provide an update on the Trump case status on Dec. 2.

According to the Times, it’s unclear whether Garland will make the final report public before President Joe Biden leaves office or defer it to the incoming Trump administration.

Rep. Jim Jordan, R-Ohio, chairman of the House Judiciary Committee, wrote a letter to Smith’s office requesting Smith and his team preserve all documents and communications relevant to the Trump investigations.

“We are concerned the special counsel’s office may purge records and documents relevant to our requests,” Jordan wrote in the letter.