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Election 2024 Trump Special Counsel
FILE - Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington. (AP Photo/J. Scott Applewhite, File)

Special counsel evaluating how to wind down two federal cases against Trump after presidential win

Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before he takes office in light of longstanding Justice Department protocol that says sitting presidents cannot be prosecuted

By ERIC TUCKER and ALANNA DURKIN RICHER
Published - Nov 06, 2024, 06:29 PM ET
Last Updated - Dec 16, 2024, 05:36 PM EST

WASHINGTON (AP) — Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before the president-elect takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.

Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Trump's election defeat of Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.

The person familiar with Smith's plans was not authorized to discuss the matter by name and spoke on condition of anonymity to The Associated Press.

By moving to wind down the cases before the inauguration in January, Smith and the Justice Department would be averting a potential showdown with Trump, who said as recently as last month that he would fire Smith “within two seconds” of taking office. It would also mean Trump would enter the White House without the legal cloud of federal criminal prosecutions that once carried the potential for felony convictions and prison sentences.

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