Reports: Jack Smith to Resign Before Trump Enters White House

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Facts

  • US Dept. of Justice (DOJ) special counsel Jack Smith, who has been leading two federal cases against the now Pres.-elect Donald Trump for two years, is reportedly going to resign from his position before Trump takes office in late January.[1][2]
  • Multiple news outlets said that Smith's office is working on a plan to finish the investigations and file a report of his findings and decisions, as Trump has pledged to fire the special counsel within "two seconds" of taking office.[3][4]
  • Under DOJ regulations, Smith must submit a confidential report to the US attorney general. Current Attorney General Merrick Garland has hinted that he will make it public, but his successor could potentially decide not to release the report.[3][5]
  • The DOJ's Office of Legal Counsel opposes criminally prosecuting a sitting President to avoid "undermin[ing] the capacity of the executive branch to perform its constitutionally assigned functions." Meanwhile, it's unclear how Smith will deal with other defendants in the Trump cases.[6][7]
  • Fox News reported earlier this month that the House Judiciary Committee has called on Smith to provide all documents related to the investigations before the end of the month amid concerns about a records purge.[4]

Sources: [1]CBS, [2]New York Post, [3]The New York Times, [4]FOX News, [5]NBC, [6]Breitbart and [7]The Hill.

Narratives

  • Democratic narrative, as provided by The Atlantic. Through his unfortunate win at the ballot box, Trump has officially avoided facing justice for the severe crimes he was headed to trial for. If the election of a convicted felon wasn't enough, the American people must now watch Smith's years-long investigation crumble before their eyes. Trump will now also be in charge of the DOJ, which means justice-seeking lawyers like Smith will be fired from the federal government.
  • Republican narrative, as provided by PJ Media. If justice were to actually prevail in this case, Jack Smith would face charges upon his departure from the DOJ. Smith, at the direction of Garland and Pres. Biden, unlawfully indicted Trump and sought to imprison him before the American people could elect their preferred candidate. At the very least, he should be required not to destroy any documents related to the witch hunts he brought against Trump.