President-elect Trump won't have the opportunity to fire Jack Smith within "two seconds" of taking office because the special counsel will be exiting on his own. According to the New York Times' sources, Smith, who pursued two federal prosecutions of Trump, plans to resign along with other members of his team before the Republican takes office in January. In court, Smith has signaled his election interference case against Trump will come to an end and it's likely prosecutors will also drop their appeal of the tossing of the classified documents case.
Smith is now discussing with department leaders "what to do with other defendants in the classified documents case as well as the special counsel's office and what happens to its budget and staff," CNN reports. That's not all on Smith's plate. Before he leaves his post, the Justice Department requires that he produce a report for Merrick Garland "summarizing his investigation and decisions," the Times reports, adding "Smith's ultimate audience will not be a jury, but the public."
It's not clear how long it will take Smith to complete the report, or when it might be released. (The Times notes Garland could "defer the release to the Trump team, which might not make its contents public.) But sources tell the Times that the special counsel is eager to move on and has told team members not directly involved in the case to begin planning their exits in the coming weeks. So what's next for Smith? Recent filings suggest he'll be "hunted by congressional investigators" as pro-Trump Republicans accuse him of weaponizing the Justice Department against Trump, per the Times. More on that here. (More Jack Smith stories.)
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