Special Counsel Jack Smith is reportedly scrambling to finalize what is left of his work so he can retire before President-elect Donald Trump takes office in January – denying the Republican a chance to fire him.
Smith is trying to wind down the two federal cases he has been pursuing against the 45th president so he can get ahead of Trump’s promise to axe him within “two seconds” of being sworn back into the White House, the New York Times reported Wednesday, citing sources.
He is aiming to not leave behind any significant work for others to complete in the wake of Trump’s inauguration in January – and has already started telling members of his team they can start planning their departures over the next few weeks, the outlet said.
Special counsel Jack Smith speaks during a press conference after Donald Trump was indicted on criminal charges by a federal grand jury on Aug. 1, 2023. Bonnie Cash/UPI/Shutterstock
His office is still drawing up plans on how to wrap up his probes against Trump – including his attempts to overturn the 2020 election and the hoarding of classified documents, according to those familiar with the situation.
A Florida-based federal judge had dismissed the documents case in July. The Justice Department is now evaluating how to wind down Smith’s election-related case.
Trump made a promise to “fire” Smith within “two seconds” after being sworn in, sources said. REUTERSTrump’s election victory ends any federal prosecution given the Department of Justice’s longstanding policy not to go after a sitting president.
Under DOJ regulations, Smith – who has become a target of pro-Trump Republicans – is required to file reports summarizing his probes and any subsequent decisions.
It wasn’t immediately clear how quickly he’d be able to wrap up what is left of his work, those familiar with his plans told the outlet.
It comes after a federal judge last week put Smith’s 2020 election case on ice after he requested a pause in court filing deadlines — as reports indicated the DOJ would drop all pending litigation against the 45th president.
Protesters hold up a sign against Donald Trump outside the White House on June 9, 2023. Getty ImagesThe order by US District Judge Tanya Chutkan called on Smith to figure out his next move by Dec. 2.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” Smith’s one-page filing read.
“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.”
