Jack Smith Looking at How to ‘Wind Down’ Trump Cases: Reports

Department of Justice (DOJ) special counsel Jack Smith is exploring ways to “wind down” the ongoing federal criminal cases against President-elect Donald Trump, according to media reports.
Trump, who defeated Vice President Kamala Harris in the 2024 presidential race late Tuesday, faces charges over his efforts to remain in office after losing to President Joe Biden in 2020 and in his handling of classified documents that he took with him after leaving the White House in January 2021.
According to two people familiar with talks, there are “active discussions” taking place between leaders at the Justice Department and Smith “about how they can best wind down” the investigations against Trump, CBS News reported on Wednesday.
Fox News also reported that sources close to the Justice Department said that officials are looking to wind down the cases against Trump to uphold the “long-standing policy that prevents Justice Department attorneys from prosecuting a sitting president.”
When reached for comment, a spokesperson for Smith told Newsweek that the special counsel’s office “will decline to comment” on the reports.
Smith is leading both federal cases against Trump, who recently said that he would fire the special counsel “within two seconds” once he returns to the White House.
Trump was indicted in August 2023 on charges related to his efforts to overturn his 2020 loss to President Joe Biden, leading up to the January 6, 2021, assault on the Capitol. Following the U.S. Supreme Court’s ruling on presidential immunity in July, however, Smith filed a superseding indictment in October, which emphasized that the charges against Trump are related to his actions as a private citizen and not to his role as president at the time. Trump pleaded not guilty to the four charges in the case in Washington, D.C.
In Florida, Trump was facing dozens of felony charges for mishandling classified materials that he took to his Mar-a-Lago estate after his first White House term. Trump also pleaded not guilty to those charges, and the case was dismissed over the summer by Trump-appointed U.S. District Judge Aileen Cannon, who ruled that Smith’s appointment as special counsel was unconstitutional.
Cannon’s ruling on the case was appealed. There is speculation, however, that Trump may be considering Cannon as his next attorney general, which could also jeopardize Smith’s future on the case.
Trump was convicted in May on 34 felony counts after he was found guilty of falsifying business records in connection with a hush money payment he made to a porn actress shortly before the 2016 election. He is still scheduled to face sentencing on November 26. Trump is the first president-elect in America’s history to be convicted of a felony.
In spring 2023, a jury found him liable for sexual assault in a civil case. He’s also lost multiple defamation cases brought by the victim, former magazine columnist E. Jean Carroll.
In February, Trump and others associated with the Trump Organization were found liable for misleading lenders and insurers by a New York City judge. Trump is seeking to dismiss the $454 million civil fraud judgment.
Update 11/6/24, 6:19 p.m. ET: This article has been updated with additional comment from Smith’s office.