Special counsel Jack Smith is reportedly considering dropping two federal prosecutions against Donald Trump due to the Department of Justice's policy against prosecuting sitting presidents.
According to sources familiar with the matter cited by AP on November 6, "active discussions" are taking place between Justice Department leaders and special counsel Jack Smith regarding the "best way to conclude" two federal cases against President-elect Donald Trump. Similar reports have also been carried by outlets such as ABC, the New York Times, and Fox.
The move aligns with the long-standing Justice Department policy of not prosecuting sitting presidents.
Smith's office declined to comment on the reports. Special counsel Smith was appointed by Attorney General Merrick Garland in November 2022 to oversee two federal investigations involving Trump: one related to alleged efforts to overturn the 2020 election and another concerning the alleged mishandling of classified documents. Trump has repeatedly labeled these investigations as "witch hunts" targeting him. In the first investigation, Smith brought charges comprising four counts in August 2023. The U.S. Supreme Court ruled in July 2024 that Trump is entitled to immunity for actions taken as part of his official duties while in office. Following this, Smith modified the charges to narrow their scope, adhering to the Supreme Court’s ruling.
The second investigation involves government documents seized by the FBI from Trump's Mar-a-Lago estate in Florida in August 2022. Trump was indicted in June 2023 on 40 charges related to this matter.
In July, federal judge Aileen Cannon in Florida ruled that Smith's appointment was "improper" and that he lacked the authority to issue indictments. Smith subsequently appealed the decision to the federal appellate court, seeking to reinstate the prosecution against Trump.
The appeal has added complexity to the timing and manner of concluding the case, according to sources. Smith's office has until mid-November to appeal, which could compel him to disclose how he plans to end the investigation.
In a late-October interview, Trump stated that he would "fire" Smith "within two seconds" if re-elected. Vote counts following the November 5 election confirmed that Trump had defeated Kamala Harris, becoming the 47th president of the United States.
In addition to the federal cases, Trump faces legal challenges at the state level. In May, he was found guilty on 34 counts in a case involving falsifying business records to silence adult film star Stormy Daniels ahead of the 2016 presidential election. The sentencing hearing, delayed twice, is scheduled for November 26. Trump and several allies have also been accused of attempting to overturn the 2020 election results in Georgia after losing to Joe Biden. Trump has denied all charges and pleaded not guilty.
(According toAP, Newsweek, Fox News)
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