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Special counsel Jack Smith, who oversaw federal cases against President-elect Donald Trump, reportedly plans to retire before Trump is inaugurated, denying the incoming president the chance to fire him, sources with knowledge of the situation confirmed to the New York Times.
Smith, who oversaw cases against Trump in relation to attempts to overturn the 2020 election and the hoarding of classified documents, is reportedly concluding his work prior to the January 20, 2025 inauguration, as Trump has publicly promised to "fire" him within "two seconds" of being sworn in. It hasn't yet been determined whether Smith's final report detailing his charging decisions will be publicly shared prior to Inauguration Day, however, the special counsel's office is required to provide a confidential report to Attorney General Merrick Garland, who has the option to make it public, in adherence with Justice Department regulations.
The next Trump-appointed attorney general could, however, decide not to make the report public. Smith and his team reportedly continued moving forward with their election interference case against Trump prior to the former president winning the 2024 election. A federal judge overseeing the case agreed to give the special counsel's office until December 2 to choose how to proceed after Trump's win on November 5.
Trump was indicted last year for his efforts in overturning his 2020 presidential election loss, however, Smith's case was hindered by appeals from the former president's legal team, as well as the Supreme Court's July ruling that he has immunity for some acts that took place during his presidency. Smith's team re-tooled the indictment in August, excluding certain evidence the Supreme Court deemed to be off limits and a federal grand jury returned a superseding indictment in the case.
The Justice Department also charged Trump with allegedly hoarding classified documents after leaving office and refusing to return them, which was dismissed by a federal judge who ruled that Smith's appointment was illegal, though the case remains on appeal.