Jack Smith, the special counsel, has begun discussions about how to wind down the two federal cases he brought against President-elect Donald J. Trump, in keeping with a longstanding Justice Department policy that bars prosecution of sitting presidents, a person familiar with the discussions said Wednesday.
Mr. Smith is overseeing two federal cases, one in Washington in which Mr. Trump is charged with conspiring to obstruct the results of the 2020 election, and a separate case in Florida in which Mr. Trump was charged with mishandling classified documents and obstructing government efforts to retrieve them. The trial judge in the documents case dismissed that indictment this summer, but Mr. Smith has been appealing that decision.
That appeal somewhat complicates how and when Mr. Smith will proceed to shut down his cases, the person said on condition of anonymity in order to describe internal deliberations.
In dismissing the charges, U.S. District Court Judge Aileen M. Cannon found that Mr. Smith’s appointment violated the Constitution. Administration lawyers believe the judge’s ruling could jeopardize the authority of a host of other government officials who, like Mr. Smith, were not confirmed by the U.S. Senate. For that and other reasons, Justice Department lawyers are reluctant to leave the Cannon decision unchallenged.
Mr. Smith’s office faces a mid-November deadline in the appeal, which could force him to reveal his plans for how he intends to shut down the cases.
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