Special prosecutor Jack Smith plans to resign before newly elected president Donald Trump takes office and is discussing the procedures for closing the federal criminal cases against him with leadership at the Department of Justice, according to a department official familiar with the discussions.
Trump has threatened to fire Smith, but Smith expects to leave before Trump takes office.
Discussions between Smith and DOJ leadership extend beyond Trump’s criminal cases, to questions about what to do with other defendants in the classified documents case, as well as the special counsel’s office, and what will happen with its budget and staff, CNN reported.
Smith is required to produce a report on his work for Attorney General Merrick Garland. It is unclear whether the timing of Smith’s departure will be delayed if he must submit his report to the intelligence community for approval, according to people familiar with the discussions.
Smith is working to finish the report before Trump takes office, as Garland will need to approve it and decide whether to release any of it publicly, said a person familiar with the talks.
The New York Times reported on Smith’s resignation plans.
