Special Counsel Jack Smith is reportedly planning to retire before President-elect Donald Trump takes office in January, effectively preventing the incoming president from following through on his promise to fire him.
Smith has been leading federal investigations into Trump’s actions surrounding the 2020 election and his handling of classified documents.
According to the New York Times, Smith intends to conclude his work before Trump’s inauguration on January 20, 2025. Sources indicate that Smith’s retirement would allow him to sidestep Trump’s intent to remove him “within two seconds” of being sworn in as the nation’s 47th president.
Smith’s exit will likely prevent further action on the cases he managed against Trump, particularly given the Department of Justice’s longstanding policy of refraining from prosecuting a sitting president.
This policy and Smith’s departure mean that charges brought against Trump could face significant challenges.
The DOJ, fully aware of Trump’s impending return to power, appears to be preparing for an environment in which pursuing these cases may no longer be viable. Smith’s retirement is seen as a strategic move to finalize his work without interference from Trump, who has previously criticized the investigations as politically motivated.