Washington Examiner
Special counsel Jack Smith is in discussions with the Justice Department to end both federal criminal cases against President-elect Donald Trump, according to multiple reports on Wednesday.
Smith, who has led two cases against Trump since he was appointed by Attorney General Merrick Garland in November 2022, is planning to halt the 2020 election subversion case and the classified documents case against Trump in light of Trump’s decisive presidential victory, multiple outlets reported, citing sources familiar with the matter.
The developments were reported by Fox News and CNN. A spokesperson for the special counsel’s office declined to comment to the Washington Examiner but highlighted the DOJ’s long-standing policy that states, “The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions,” according to a memorandum from October 2000.
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