Jack Smith moving to wind down prosecutions against Trump
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President-elect Trump at a campaign rally on Nov. 4, in Raleigh, North Carolina. Photo: Chip Somodevilla/Getty Images
Special Counsel Jack Smith is in discussions with Justice Department officials about how to close his two federal criminal cases against President-elect Trump, multiple outlets reported Wednesday.
The big picture: Trump on Wednesday became the first convicted felon to win the White House.
- Trump was staring down a stark reality heading into Election Day: Win the race against Vice President Harris, or face the prospect of prison time.
- With Smith's cases the first dominos to fall, Trump's victory likely dashes the chance that he will face legal consequences in the criminal cases in which he was indicted.
The latest: The discussions between Smith and Justice Department leadership are expected to last several days, CNN reported.
- The decision comes as the department seeks to comply with a longstanding policy that a sitting president can't be prosecuted, and that there is little point to continuing litigation in the weeks before the inauguration, per NBC News.
Where do Trump's criminal cases stand?
Trump has been criminally indicted in four separate federal and state cases.
- New York hush money case: Trump was convicted in May on all 34 felony counts in his New York criminal trial, for falsifying business records to cover up a payment to adult film actress Stormy Daniels before the 2016 election.
- Georgia election interference case: The sprawling racketeering case has been on hold since July, pending a legal battle over whether prosecutor Fani Willis should be removed from the case. Oral arguments are set for Dec. 5.
- Federal Jan. 6 case: Special counsel Jack Smith's criminal case over Trump's alleged efforts to overturn the 2020 election is on hold while Judge Tanya Chutkan decides how much of the case can proceed in light of the Supreme Court's presidential immunity ruling.
- Federal classified documents case: The federal case, which was filed in Florida, was dismissed in July after Judge Aileen Cannon ruled Smith had been unlawfully appointed. Smith appealed the dismissal.
Can Trump fire Special Counsel Jack Smith?
Trump has said he intends to end his federal criminal cases if he won the White House.
Driving the news: He vowed last month to fire Smith "within two seconds" of returning to office.
- That would effectively end Smith's federal cases that allege Trump tried to subvert the 2020 election results and illegally retained and mishandled classified documents after leaving the White House.
- Justice Department policy prohibits the prosecution of a sitting president. Whomever Trump appoints to lead the agency could formally drop the charges against him in the Jan. 6 case.
- They could also drop the appeal of the already-dismissed classified documents case.
Can Trump's New York sentencing still happen?
Trump's sentencing in his hush money case is currently set for Nov. 26.
- However, his lawyers had requested to overturn his conviction in light of the Supreme Court's presidential immunity ruling. A ruling is expected this month.
- Now that he's president-elect, Trump's sentencing could be adjourned, per NBC News.
- However, even if it goes forward, his lawyers are likely to argue for delaying the punishment — whether that be a prison term, home confinement or a fine — until after his term ends, Politico reported.
Could Trump's Georgia case still go to trial?
The Georgia election interference case is arguably Trump's most complex, both due to its sprawling nature as well as the effort to remove its lead prosecutor.
- A trial date is not set, as the defense continues its push to remove Willis, citing as a conflict of interest her relationship with a special prosecutor she'd hired to work on it.
- His election win effectively halts the case.
Go deeper: Two potential futures for Trump: The presidency or prison
Editor's note: This story has been updated with Smith's latest plans.
