Special Counsel Jack Smith reportedly plans to retire before President-elect Donald Trump’s inauguration on January 20, 2025.
Smith’s decision to step down seems to be a strategic move to avoid being fired, as Trump has publicly vowed to dismiss the special counsel “within two seconds” of taking office, the New York Times reported.
Smith has overseen two major federal investigations into Trump: one concerning efforts to overturn the 2020 election results and another addressing Trump’s alleged mishandling and retention of classified documents.
Smith is expected to complete his work and finalize these cases before leaving his role, avoiding any direct clash with Trump as the 47th president assumes office, the New York Post reported.
The Justice Department has long upheld a policy that a sitting president cannot be criminally prosecuted, which means any ongoing criminal cases against Trump would likely be put on hold or dropped if Trump regains office.
The DOJ’s policy is designed to protect the functioning of the executive branch and avoid the complications of prosecuting a sitting president. Given this policy, Smith and the DOJ would be limited in further pursuing these cases against Trump once he takes office, lending further reason to wrap up Smith’s work before January 2025.
Smith’s exit strategy is reportedly part of a broader anticipation within the DOJ that Trump’s new administration might seek to retaliate against those involved in his federal cases.
Officials are thus preparing to wind down Smith’s investigations to prevent their work from becoming a political target in Trump’s new term. This situation highlights the complexities of investigating a former president who may regain office and reflects the legal and political tensions around prosecuting or investigating high-profile figures involved in public office.
