Special Counsel Jack Smith, who has been threatened by President-elect Trump of being fired once he returns to office, already has plans to step down, CNN reported Wednesday , citing a Justice Department official familiar with the talks. He is currently in discussions with department leadership about how to wind down the federal prosecutions of Trump.
Apart from discussing Trump's criminal cases with the DOJ leaders, Smith will also look into how to handle other defendants in the classified documents case. The talks also address the future of the special counsel's office, including decisions about its budget and staff.
Sources familiar with the situation also stated that despite his plans of stepping down his departure could be postponed if the report he is to submit to Attorney General Merrick Garland requires approval from the intelligence community.
As part of his investigation into Trump, Smith has requested a pause in deadlines for his election interference case. He has remained silent regarding his Florida case, which involves Espionage Act and obstruction of justice charges stemming from Trump's refusal to return classified documents after his first term.
"I think he knows it is inevitable that Donald Trump will pull the plug on the case, and so I think he wants to explore ways to end the case on his own terms, rather than wait for that to happen," said Barbara McQuade, a former U.S. attorney under the Obama administration, according to The Hill.
"I imagine that he is now going to hustle to get that done before the end of this administration, so that [Attorney General] Merrick Garland can share that with the public. ... And even though it seems likely that both cases will be dismissed and never go to trial, at least there will be a historic record of what happened."
Although Smith handed over most of his documents and grand jury transcripts to Judge Tanya Chutkan to assist in determining whether Trump might be immune from prosecution for his actions related to January 6, 2021, the materials were heavily redacted and provided little new information.
The decision to release the report, which could shed light on the totality of Smith's investigation, lies with Garland.
Meanwhile, Republicans have made it clear that they intend to press forward with their investigation into Smith, having already requested documents related to his probe.
"There were a lot of figures related to the Justice Department and on the outside of the Justice Department that used lawfare against President Trump. There needs to be very serious accountability for that, because we have to restore the people's faith in our system of justice," Speaker Mike Johnson told reporters Tuesday. "What that accountability looks like, and to whom it is extended, there are a lot of decisions yet to be made."
