by Laura Jarrett, Rebecca Shabad and Ryan J Reilly at NBC News
Special counsel Jack Smith and his team plan to resign before President-elect Donald Trump takes office, a source familiar with the matter said.
Smith’s office has been evaluating the best path for winding down its work on the two outstanding federal criminal cases against Trump, as the Justice Department’s longstanding position is that it cannot charge a sitting president with a crime.
The New York Times first reported on Smith’s plans to step down.
The looming question in the weeks ahead is whether Smith’s final report, detailing his charging decisions, will be made public before Inauguration Day. The special counsel’s office is required under Justice Department regulations to provide a confidential report to Attorney General Merrick Garland, who can choose to make it public.
In late October, Trump said in a radio interview that he would immediately fire Smith as special counsel if re-elected. “It’s so easy — I would fire him within two seconds,” Trump said, adding that he got “immunity at the Supreme Court.” The next attorney general could decide not to release Smith’s final report as well.
Before Trump’s election last week,…
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