Special prosecutor Jack Smith, responsible for investigating Donald Trump in two federal cases, plans to resign before the Republican leader takes office on January 20. According to sources close to the prosecutor, Smith would submit his resignation along with his entire team, which depends on Attorney General Merrick Garland.
Smith's resignation decision is anticipated ahead of a possible dismissal, as Trump has openly expressed his intention to fire him quickly once he assumes the presidency. It remains to be seen whether Smith will deliver his report to Garland before resigning, as mandated by law, and whether Garland will decide to make it public before January 20.
The New York Times reports that Smith does not want to postpone this delivery for his successor and plans to do so before resigning. Trump and his allies have frequently cited Smith as an example of the politicization of justice by the Joe Biden administration against him.
On the other hand, the elected president has claimed the right to intervene in decisions of the Department of Justice once he takes office. It is noteworthy that U.S. presidents have historically not faced prosecution by the Department of Justice, and the Supreme Court determined in July that Trump had "absolute" immunity for actions taken during his presidency, raising questions about his situation in the cases investigated by Smith.
Trump's legal team has insisted on the equivalence of guarantees between an elected and an incumbent president, pressing for the charges against him to be dropped in various cases. These include the trial in New York over the improper payment to a porn actress, which is pending only sentencing.
