Special counsel Jack Smith plans to resign and conclude his federal prosecutions of Donald Trump before the president-elect takes office, as Justice Department policy prohibits prosecuting a sitting president. Smith is considering how to handle an ongoing appeal in Trump's classified documents case, potentially removing Trump as a co-defendant while continuing with his aides. The appeal aims to overturn a ruling that could impact future Justice Department appointments. Smith's resignation and the winding down of cases are expected before Trump assumes office.
Former President Donald Trump and his allies are ramping up calls for a takeover of the U.S. Department of Justice, raising concerns about an assault on democratic institutions if Trump were to win the presidency again. The recent federal indictments against Trump have added urgency among conservatives to gain more control over federal law enforcement. While the myth that Trump won the 2020 election persists among Republican voters, the push for a DOJ takeover is seen as a troubling threat to democratic institutions. Critics argue that diminishing the independence of the Justice Department would erode public trust in the system. The accelerating GOP primary has highlighted this concern, with Trump and his allies claiming that the prosecutions against him are politically motivated. The push for control extends beyond Trump, with other Republicans calling for changes in the FBI and investigations into the "weaponization" of federal law enforcement.
