Multiple media outlets have reported that Special Counsel Jack Smith, who is overseeing multiple federal prosecutions of Donald Trump, is in talks with the Department of Justice (DOJ) to finalize the prosecution.
CNN’s Jim Schutt reported Wednesday that Smith is in “active discussions” with senior department officials about how to conclude the federal prosecution of Trump, a law enforcement official familiar with the matter said. It was reported that.
He added: “Justice Department officials are weighing options on how to wind down Trump’s two criminal cases over his efforts to overturn the 2020 election and his handling of classified documents. We are considering it.”
NEW: Special Counsel Jack Smith is actively consulting with Justice Department leaders on how to conclude the federal prosecution of President Trump, according to a law enforcement official familiar with the discussions.
Justice Department officials are considering options for how to slow President Trump’s momentum.
— Jim Sciutto (@jimsciutto) November 6, 2024
These talks are reportedly taking place in accordance with established department policy that a sitting president cannot be prosecuted, officials said. said NBC News. (Related article: President Trump says he will fire Jack Smith “within two seconds” if elected)
Smith is investigating Trump for allegedly misusing classified documents and trying to overturn Georgia’s 2020 election results.
Multiple indictments were filed against Trump in both cases. The June 2023 37-count indictment charging Trump with his first handling of classified documents was the first federal indictment of a former US president in US history.
He also filed a superseding indictment against Trump in 2023 for election interference after the Supreme Court ruled that former presidents have immunity from prosecution for “official acts.”
Democratic Attorney General Merrick Garland appointed Smith in November 2022, days after Trump announced he would run for president again.
WASHINGTON, DC – NOVEMBER 18: Attorney General Merrick Garland speaks with Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth Polite at the U.S. Department of Justice in Washington, DC, on November 18, 2022. Garland announced the appointment of a special counsel to oversee the Justice Department’s investigation into former President Donald Trump and its handling of classified documents and conduct before the Jan. 6 attack on the U.S. Capitol. Garland’s choice to oversee the special counsel is Jack Smith, a prosecutor at the International Criminal Court. Anna Moneymaker/Getty Images
Mr. Trump’s lawyers challenged Mr. Smith’s appointment as illegal, arguing that he could not be a legitimate prosecutor because he was unelected.
“The Appointments Clause does not allow the Attorney General to appoint private citizens or like-minded political allies to exercise U.S. prosecutorial powers without Senate confirmation,” Trump’s lawyers wrote in February. I mentioned it in my paper. motion to dismiss his classified documents lawsuit.
Now, it appears that both Smith cases will disappear.
The news comes after South Carolina Republican Sen. Lindsey Graham, a Trump ally, issued a stern warning to Smith early Wednesday morning.
“To Jack Smith and your team: With the politically motivated accusations against President Trump hitting a wall, it’s time to look forward to a new chapter in your legal career,” Graham said. wrote X shortly after news outlets called on Pennsylvanians to support Trump. (Related article: Daily Caller’s ‘fraud’ reveals extreme steps Democrats took to undermine election)
“The Supreme Court has essentially rejected what you were trying to do, and after tonight, it’s clear that the American people are fed up with legal issues. End these cases. The American people will get their money back. Graham concluded.
To Jack Smith and your team:
As politically motivated accusations against President Trump hit a wall, it’s time to look forward to a new chapter in your legal career.
The Supreme Court essentially rejected what you were trying to do, and after tonight, it’s clear…
— Lindsey Graham (@LindseyGrahamSC) November 6, 2024
Trump’s lawyers will likely appeal both cases to the Supreme Court, people familiar with the matter told NBC News, and Justice Department officials said neither case will be heard in the near future. It seems like he has no choice but to accept that.
In May, U.S. District Judge Eileen M. Cannon indefinitely postponed the classified documents case, citing improper handling of evidence and issues with the Children’s Internet Protection Act (CIPA). Cannon said it would be “imprudent” to immediately reschedule the case, given the “numerous interrelated pretrial and CIPA issues.”
