Special counsel evaluating how to wind down two federal cases against Trump after presidential win
Associated PressWASHINGTON — Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before the president-elect takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday. But Trump’s election defeat of Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office. Even as Smith looks to withdraw the documents case against Trump, he would seem likely to continue to challenge Cannon’s ruling on the legality of his appointment given the precedent such a ruling would create. Trump could be emboldened by the Supreme Court’s ruling in July, which granted former presidents expansive immunity from prosecution for acts taken in the White House and explicitly put off-limits any alleged conduct involving Trump’s discussions with the Justice Department.