Special Counsel Jack Smith, who dogged President-elect Donald Trump in two federal investigations, is planning to step down before Trump takes office in January.
According to people familiar with Smith’s plan, Smith wants to finish his work so no one else needs to finish it and resign, The New York Times reported.
Time is of the essence since Smith wants to vacate his post before Trump can deliver on his promise to fire him within “two seconds” of taking office.
Smith took office two years ago and believed that not even a former president was above the law.
Trump’s win in last’s week’s election, along with the Supreme Court ruling this summer regarding presidential immunity essentially made the cases against Trump moot, according to the NYT report.
The Department of Justice had held the policy that a sitting president cannot be prosecuted for crimes.
Smith will now file a summary report of his investigation and decisions.
It is not certain whether Smith can finish this report before President Joe Biden leaves office. He has told prosecutors and FBI agents who work with him to plan on leaving in the weeks ahead.
Smith has become a target of pro-Trump Republicans who alleged he used “lawfare” to take down Trump.
Smith has been investigating Trump on two fronts — his alleged involvement in trying to overturn the 2020 election and his alleged mishandling of classified national security documents after leaving office in addition to obstructing efforts when officials sought to get them back.
On Friday, Smith filed a motion asking for more time “to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
