Jack Smith Reportedly Throws In The Towel After Resounding Trump Victory

Special Counsel Jack Smith, who is overseeing multiple federal prosecutions of Donald Trump, is in talks with the Justice Department (DOJ) to end the prosecutions, multiple outlets reported.

Smith is conducting “active talks” with department leaders on how to close his federal prosecutions of Trump, a Justice official familiar with the matter said, CNN’s Jim Sciutto wrote Wednesday.

“DOJ officials are looking at options for how to wind down Trump’s two criminal cases over his efforts to overturn the 2020 election and his handling of classified documents,” he continued.

New: Special counsel Jack Smith is in active talks with Justice Department leadership about how to end his federal prosecutions of President Trump, according to a Justice official familiar with the discussions.

DOJ officials are looking at options for how to wind down Trump’s…

— Jim Sciutto (@jimsciutto) November 6, 2024

Those talks are reportedly taking place due to an established department policy that they cannot prosecute a sitting president, sources told NBC News. (RELATED: Trump Says He Would Fire Jack Smith ‘Within Two Seconds’ If Elected)

Smith is investigating Trump for both misuse of classified documents and his role in allegedly trying to overturn the 2020 election results in Georgia.

He had produced numerous indictments against Trump in both cases. His first, a 37-count June 2023 indictment of Trump for his handling of classified documents, was the first federal indictment of a former U.S. president in American history.

He also indicted Trump for election interference in 2023, and then filed a superseding indictment after the Supreme Court ruled that former presidents have immunity from prosecution for “official acts.”

Democrat U.S. Attorney General Merrick Garland appointed Smith in November 2022, days after Trump announced he would run for the presidency again.

Trump’s lawyers challenged Smith’s appointment as unlawful, arguing his unelected status prevented him from being a legitimate prosecutor.

“The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States,” Trump’s attorneys wrote in a February motion to dismiss his classified documents case.

Now, it would appear, both Smith cases will disappear.

The news breaks after Trump ally Republican South Carolina Sen. Lindsey Graham issued Smith a stark warning early Wednesday morning.

“To Jack Smith and your team: It is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall,” Graham wrote on X shortly after multiple outlets called Pennsylvania for Trump. (RELATED: Daily Caller’s ‘Rigged’ Reveals Radical Steps Democrats Have Taken To Undermine Elections)

“The Supreme Court substantially rejected what you were trying to do, and after tonight, it’s clear the American people are tired of lawfare. Bring these cases to an end. The American people deserve a refund,” Graham concluded.

To Jack Smith and your team:

It is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall.

The Supreme Court substantially rejected what you were trying to do, and after tonight, it’s clear the…

— Lindsey Graham (@LindseyGrahamSC) November 6, 2024

DOJ officials have apparently been forced to accept that no trial could be held for either case in the near future as Trump’s legal team would likely appeal both cases up to the Supreme Court, sources told NBC News.

United States District Judge Aileen M. Cannon had postponed the classified document case indefinitely in May, citing improper handling of evidence and issues with the Children’s Internet Protection Act (CIPA). An immediate rescheduling, Cannon said, would be “imprudent” given “myriad and interconnected pre-trial and CIPA issues.”