President-elect Donald Trump’s vow to fire Jack Smith upon reassuming office has reportedly prompted the special counsel to consider an early exit to avoid the impending termination.
According to the New York Times, sources have claimed that Smith plans to wrap up his work on the federal cases against Trump and retire before an administration change.
‘The Office of Special Counsel is not immune from transparency or above accountability for its actions.’
Last month, Trump pledged to terminate Smith “within two seconds” of taking office.
“We got immunity at the Supreme Court. It’s so easy,” Trump said. “He’ll be one of the first things addressed.”
Trump also revealed that he intends to file a lawsuit against Smith. The president-elect’s legal team has repeatedly argued that United States Attorney General Merrick Garland unlawfully appointed Smith to the special counsel position by sidestepping Congress.
Smith led two federal indictments against Trump. After Trump’s re-election last week, Smith moved to vacate all deadlines in one of the federal cases, which accused Trump of attempting to overturn the 2020 presidential election. The move does not entirely drop the case against Trump.
The other federal case, which claimed Trump mishandled classified documents, was previously dismissed by Southern District of Florida Judge Aileen Cannon, who ruled that Smith was appointed unconstitutionally. Smith moved to appeal Cannon’s decision.
While neither of the federal cases made it to trial, Smith is still required to submit a report of his findings. It is unclear whether Garland will release Smith’s report to the public.
The Department of Justice has a long-standing policy that it cannot prosecute a sitting president because it “would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions,” according to its website.
The House Judiciary Committee has raised concerns that Smith will attempt to purge the investigation records to hinder oversight.
Chairman Jim Jordan (R-Ohio) stated, “I assume there’s going to be some report. But all we’re saying is, ‘preserve everything,’ so we, the Congress, who have a constitutional duty to do oversight, can see everything.”
In a letter to Smith, Jordan and Rep. Barry Loudermilk (R-Ga.) instructed him to retain all records.
“With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information. The Office of Special Counsel is not immune from transparency or above accountability for its actions,” the congressmen wrote.
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