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Reports suggest that Special Counsel Jack Smith is expected to step down after concluding his investigations into President-elect Donald Trump. A Justice Department source informed CNN that Smith is currently discussing how to close out the January 6 case as well as an appeal challenging U.S. District Judge Aileen Cannon’s decision to dismiss his classified documents case against Trump, who is set to become the 47th president.
CNN reported that even though Trump has threatened to dismiss Smith, the special counsel anticipates his departure before Trump takes office, These discussions also encompass the handling of other defendants in the classified documents case, as well as the future of the special counsel’s office, its staffing, and budget, according to CNN.
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Smith must submit a report on his work with Attorney General Merrick Garland, and it’s unclear if this could affect when he leaves if the intelligence community has to review and approve the report. According to sources, Smith is attempting to complete the report before Trump’s inauguration since Garland needs to review it and determine whether it should be made public.
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As president, Trump will enjoy certain protections against prosecution, which were unavailable to him as a private citizen. DOJ policy prevents the prosecution of a sitting president, and a recent Supreme Court ruling reinforced that Trump has absolute immunity for actions within his core constitutional powers.
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Smith’s priority before his departure will be resolving the two criminal cases against Trump. In Florida, Smith is appealing Judge Cannon’s dismissal of the classified documents case, which was based on a finding that his appointment as special counsel was unconstitutional and that the office’s funding was legally problematic.
Meadows is one of 19 defendants in Georgia who are accused of trying to maintain Trump in power following his defeat in 2020 and President Trump is unlikely to be tried while in office because he was just re-elected. Meadows and Trump have both denied any misconduct while George Terwilliger, Meadows’ attorney, expressed confidence in his client’s eventual acquittal, noting that Meadows will continue to assert his innocence in state court.
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The impact of Trump’s re-election on others involved in the case is uncertain. Proceedings are largely paused as an appeals court considers whether Fulton County District Attorney Fani Willis should be dismissed due to an alleged relationship with the special prosecutor she appointed. Meadows sought to move the case to federal court, arguing that the charges relate to his duties as a federal official.