Special Counsel Jack Smith is making plans ahead of President-elect Donald Trump’s inauguration regarding the two cases he filed against him. According to Wednesday reports, Smith has told colleagues he plans to resign from his post in the coming weeks to avoid the embarrassment of being fired by Trump. Fox News reported on Smith’s disclosure, which will be included in a report on the status of his election interference case against Trump.
According to Department of Justice guidelines, the Biden appointee must submit a summary of his case by December 2, even if the case is never brought to trial. Smith’s final filing will not drop the case entirely but will instead seek to vacate all charges related to Trump’s statements and actions surrounding the January 6 riots. It is unclear whether U.S. Attorney General Merrick Garland will release the report before Trump takes office or wait until the new administration, according to sources who spoke with The New York Times.
Those familiar with the case say that Smith has no plans to delay and has informed career prosecutors and FBI agents that his resignation is expected to occur in the coming weeks. On Friday, Smith filed a motion in the case seeking “to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.” This widely anticipated move essentially acknowledged that, despite ongoing legal debates with Trump’s attorneys over the issue of immunity, prosecuting a president-elect just two months before taking office would be unfeasible. Once in power, Trump is expected to direct his attorney general to dismiss the case and has repeatedly promised to fire Smith “within two seconds.”
U.S. House investigators are working to gather all documents related to Smith’s case before he leaves his position. Rep. Jim Jordan (R-OH), the chair of the House Judiciary Committee, stated last week that he is “not ruling anything out” when it comes to compelling Smith to testify through a subpoena.
“We want the facts,” he told CNN’s “State of the Union.” “I assume there’s going to be some report. But all we’re saying is, ‘preserve everything,’ so we, the Congress, who have a constitutional duty to do oversight, can see everything,” Jordan added. Asked if he would drag Smith in for questioning, a highly unusual move for a special counsel, Jordan would not respond directly. “Maybe that’s been the norm, but we’re not taking anything off the table. I’m not saying for sure, but we want the information,” he said.
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