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 Smith will 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.
