The New York Times reported that Special Counsel Jack Smith plans to retire before President-elect Donald Trump’s inauguration in January.
Trump promised to fire Smith right after he’s sworn in.
Smith asked the judge in his election interference case against Trump to pause it since Trump won the election.
“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,” wrote Smith. “By December 2, 2024, the Government will file a status report or otherwise inform the Court of the result of its deliberations.”
The DOJ cannot prosecute a sitting president.
Smith has faced numerous setbacks in his case. It’s doubtful everything would get wrapped up before Trump’s January 20 inauguration.
Trump’s victory put an end to federal cases against him:
As he prepares for his last act as special counsel, Mr. Smith’s ultimate audience will not be a jury, but the public.Department regulations call for him to file a report summarizing his investigation and decisions — a document that may stand as the final accounting from a prosecutor who filed extensive charges against a former president but never got his cases to trial.It is not clear how quickly he can finish this work, leaving uncertain whether it could be made public before the Biden administration leaves office. But several officials said he has no intention of lingering any longer than he has to, and has told career prosecutors and F.B.I. agents on his team who are not directly involved in that process that they can start planning their departures over the next few weeks, people close to the situation said.
Republican lawmakers already told Smith and the DOJ “to preserve all of their communications for investigators.”
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