Special Counsel Jack Smith Is Reportedly Winding Down Trump Cases
Special counsel Jack Smith and other officials at the Justice Department are reportedly determining the next steps they can take to end the federal prosecutions of Donald Trump, according to The Associated Press.
Historically, it is the department’s policy that a sitting president cannot be prosecuted, nor can a sitting president issue a self-pardon.
As HuffPost has reported, now that Trump has won back the White House, the path is wide open for his two federal cases to fall away. Smith’s maneuvering now may indicate that he won’t put Trump through the trouble of firing him as the former president has vowed to do.
Trump’s legal team, meanwhile, is figuring out how to delay the most pressing concern it has: getting Trump’s sentencing hearing for his 34-count felony fraud conviction off the schedule for Nov. 26.
The Supreme Court’s decision in Trump v. United States granted former presidents immunity for official acts and “at least presumptive immunity” for acts just on the periphery of official duties. That decision prompted significant delays and key revisions to Smith’s indictment in the case related to Jan. 6, 2021.
Trump previously vowed he would fire Smith in “two seconds” if he won the election, so by moving to end the case, Smith would certainly stop that firing from happening. By beginning to shutter the case now, Smith has at least one other advantage: He could issue a full report on his findings, and any lingering criminal referrals he wishes to make could ensue.
Trump’s classified documents case was already dismissed by U.S. District Judge Aileen Cannon, who ruled that Smith was unconstitutionally appointed. That ruling was controversial and widely considered by legal scholars and experts to be out of step with long-standing legal precedent.
Oral arguments had not been scheduled for Smith’s appeal of the classified documents case before the election. Appellate cases can take months to be heard, let alone weighed and decided on and it was likely that any appeal would have gone right back to the Supreme Court.
