This move was first reported by The New York Times and later confirmed by NBC News, both citing sources close to Smith.
Trump has publicly stated that he would fire Smith shortly after taking office, specifically within "two seconds." The planned resignation by Smith seems to be a strategic decision to preempt this action.
The transition comes at a time when the federal criminal cases against Trump, related to election interference and other charges, appear to be concluding. This development follows Trump's recent electoral victory.
Federal Cases Nearing Conclusion
Smith's team recently requested Judge Tanya Chutkan to suspend all litigation deadlines in the election interference case.
They have proposed December 2 as the deadline to finalize the government's plans, signaling a move towards wrapping up the investigations.
Meanwhile, the fate of the classified documents case, dismissed by Judge Aileen Cannon but currently under appeal, remains in limbo.
Trump faces other legal challenges as well, including a state criminal case in New York, where he was found guilty but awaits sentencing. Manhattan prosecutors have sought a delay to reassess their strategy.
While a U.S. President has immunity from state prosecutions during their term, this does not apply to federal cases. However, the ongoing state case in Georgia is expected to stall while Trump is in office.
Presidents do not have the authority to dismiss or pardon offenses prosecuted under state law, underscoring the unique legal landscape Trump navigates.
The Justice Department mandates that Special Counsels summarize their investigations in a report. This document is expected to provide a detailed account of Smith’s prosecutorial decisions and the breadth of the investigations under his watch.
Legacy of Jack Smith's Tenure
"It’s just a question of when and how, exactly," sources claim, reflecting on the conclusion of Trump's federal cases.
This statement highlights the ongoing speculation about how these cases will ultimately be resolved.
As Smith prepares to leave his post, the legal and political circles are closely watching how his departure will influence the resolution of the charges against Trump.
Smith's resignation not only marks a significant turn in these high-stakes legal battles but also sets the stage for the next chapter of federal oversight under Trump's presidency.