Justice Department and Special Counsel Jack Smith Discuss Winding Down Federal Prosecutions Against President-Elect Trump
Focus on DOJ Policy Against Prosecuting a Sitting President
The U.S. Department of Justice (DOJ) and special counsel Jack Smith’s office are reportedly in discussions about potentially concluding the federal cases against President-elect Donald Trump. Sources close to the discussions indicate that a key focus is the DOJ’s longstanding policy of refraining from prosecuting a sitting president, a stance that could influence the case outcomes and facilitate a smooth transition for Trump’s anticipated second term.
Regulatory Oversight Involves DOJ Leadership
Per DOJ regulations, decisions in special counsel investigations necessitate consultation with senior officials, possibly including Attorney General Merrick Garland. Garland’s role in these discussions may prove crucial as he could significantly impact the direction of the cases. Regulations mandate these consultations when significant decisions are at play in the investigation. Although Smith’s office has declined to comment, sources reveal that Garland’s involvement could be pivotal in shaping the course of these cases.
Background: Federal Charges and Indictments
Garland appointed Smith as special counsel in November 2022 to lead Trump-related investigations. Since then, Trump has faced federal indictments in two cases under Smith’s jurisdiction. The first, filed in South Florida, centers on alleged mishandling of classified documents after Trump left office. The second involves allegations of attempting to subvert the 2020 election results to retain power. Trump has pleaded not guilty to all charges, asserting that the prosecutions are politically motivated to benefit his opponents.
Classified Documents Case and Judicial Challenges
The first case accuses Trump of unlawfully retaining classified documents post-presidency and allegedly working with aides Walt Nauta and Mar-a-Lago manager Carlos De Oliveira to obstruct the DOJ’s investigation. Both aides have also entered not-guilty pleas. Initially, Trump faced 40 charges, but U.S. District Judge Aileen Cannon dismissed them earlier this year, ruling Smith’s appointment unconstitutional. Smith appealed to the U.S. Court of Appeals for the 11th Circuit, where ongoing deliberations may significantly affect the case’s future.
Election Interference Case Adjusted After Supreme Court Ruling
The second case, filed in Washington, D.C., accuses Trump of attempting to hold onto the presidency despite losing the election. Proceedings were paused temporarily as Trump argued that presidential immunity should shield him from prosecution. In a ruling this summer, the Supreme Court determined that former presidents cannot face prosecution for official actions taken while in office.
Following this decision, Smith’s team amended the indictment to narrow the charges, ensuring compliance with the Supreme Court’s guidance. Both sides are now debating whether the revised charges are legally valid, with proceedings continuing under U.S. District Judge Tanya Chutkan.
Next Steps and Possible Outcomes
As talks continue, legal experts suggest that the DOJ and Smith’s office may ultimately decide to reduce or dismiss charges to adhere to DOJ policy on sitting presidents. Such an outcome would allow Trump to assume office without active federal prosecutions, potentially bringing a close to a prolonged and complex legal saga.