Smith seeking to end cases against Trump following election win: report

The Department of Justice has a long-standing policy against prosecuting sitting presidents

Published November 6, 2024 6:49PM (EST)

Special Counsel Jack Smith delivers remarks on a recently unsealed indictment against former President Donald Trump at the Justice Department on June 9, 2023 in Washington, DC. (Chip Somodevilla/Getty Images)
Special Counsel Jack Smith delivers remarks on a recently unsealed indictment against former President Donald Trump at the Justice Department on June 9, 2023 in Washington, DC. (Chip Somodevilla/Getty Images)

Special Counsel Jack Smith is looking to wrap up his cases against Donald Trump following Trump's presidential election victory on Tuesday, per a report from ABC News

Smith has spent years building two cases against the president-elect, claiming that he conspired to overturn the 2020 election and illegally kept classified documents in his home at Mar-a-Lago. Those cases had to be almost entirely rebuilt following a Supreme Court ruling that granted widespread immunity to presidents while they are in office. 

Smith's narrowly focused new take on the cases was no less devastating, with legal experts telling Salon that Trump had little to no defense against the allegations made by the specially appointed prosecutor. The classified documents case was tossed by Trump-friendly judge Aileen Cannon in July, with Smith appealing that decision the following month.

Smith is reportedly seeking to squash the cases, as the Department of Justice has a long-standing policy not to prosecute sitting presidents.

Trump has made his intention to end Smith's DOJ tenure clear in interviews on the campaign trail. The president-elect said he would dismiss the Merrick Garland appointee "within two seconds" of being sworn in.

"We got immunity at the Supreme Court. It's so easy," Trump told radio host Hugh Hewitt in October. "He'll be one of the first things addressed." 

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