Special counsel Jack Smith looking at stepping down before Trump takes office and is discussing how to end prosecutions

(CNN) — Special counsel Jack Smith intends to step down before President-elect Donald Trump takes office and is discussing the mechanics of winding down the federal prosecutions against him with Justice Department leadership, a DOJ official familiar with the discussions said.

Trump has threatened to fire Smith, but Smith expects to be gone before Trump takes office.

The talks between Smith and DOJ leaders extend beyond Trump’s criminal cases to questions about what to do with other defendants in the classified documents case as well as the special counsel’s office and what happens to its budget and staff.

Smith is required to produce a report on his work for Attorney General Merrick Garland. It’s not clear whether the timing of Smith’s departure would be delayed if he has to submit his report to the intelligence community for approval, according to people briefed on the discussions.

Smith is working to complete the report before Trump takes office, as Garland would need to approve it and decide whether to release any of it publicly, one person familiar with the discussions said.

The New York Times first reported on the timing of Smith’s resignation plans.

Trump and his allies have repeatedly threatened to fire and prosecute Smith’s team. In October, the president-elect said he would use presidential powers to end Smith’s probe and promised to fire Smith “within two seconds.”

As president, Trump benefits from protections against prosecution that he didn’t have as a civilian. Longstanding Justice Department policy holds that a sitting president cannot be prosecuted for crimes, and a ruling from the Supreme Court this summer found that Trump enjoyed “absolute” immunity from prosecution for actions taken within his core constitutional powers as president.

Before his departure, Smith will have to decide how to end the two criminal cases he brought against Trump. In Florida, Smith has appealed Judge Aileen Cannon’s decision to dismiss the classified documents case, ruling that Smith was unconstitutionally appointed as special counsel and that the funding of his office also violated the law.

And in Washington, DC, Smith’s team has been pressing forward in the criminal case alleging Trump orchestrated a conspiracy to overturn the 2020 election in the wake of the Supreme Court’s ruling on presidential immunity.

This story has been updated with additional background information.

The-CNN-Wire
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