Special counsel Jack Smith looking at stepping down before Trump takes office and is discussing how to end prosecutions

Special counsel Jack Smith continues to discuss with Justice Department leadership the mechanics of winding down the federal prosecutions of Donald Trump, with the intention of stepping down before the former president returns to the White House, according to a Justice Department official familiar with the discussions.

Special counsel Jack Smith intends to step down before President-elect Donald Trump takes office and is discussing the mechanics of winding down the federal prosecutions against him with Justice Department leadership, a DOJ official familiar with the discussions said. Trump has threatened to fire Smith, but Smith expects to be gone before Trump takes office. The talks between Smith and DOJ leaders extend beyond Trump’s criminal cases to questions about 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. Smith is required to produce a report on his work for Attorney General Merrick Garland. It’s not clear whether the timing of Smith’s departure would be delayed if he has to submit his report to the intelligence community for approval, according to people briefed on the discussions. Smith is working to complete the report before Trump takes office, as Garland would need to approve it and decide whether to release any of it publicly, one person familiar with the discussions said. The New York Times first reported on the timing of Smith’s resignation plans.