Jack Smith Is About to Sign His Own Walking Papers on Trump Cases

Donald Trump might not even have to fire special counsel Jack Smith on day one—the Justice Department might do that for him.

With Trump winning the election Tuesday, Department of Justice officials now say they may give up on trying to litigate Smith’s cases against the president-elect in weeks to come, two people familiar with the situation told NBC News.

CNN’s chief legal affairs correspondent Paula Reid also reported Wednesday that department officials and Smith himself are “looking for ways to wind this down,” meaning that both the classified documents case and the election interference case could be dead in the water.

NEW: DOJ officials in active talks about how to wind down prosecutions of President-elect Trump. pic.twitter.com/3Zco1GhK8K

— Paula Reid (@PaulaReidCNN) November 6, 2024

This comes after Trump and his allies continue to threaten Smith.

“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,” wrote Republican Senator Lindsey Graham in a post on X early Wednesday.

Trump has previously not only vowed to fire Smith “within two seconds” but also threatened to deport him.

“Jack Smith should be considered mentally deranged, and he should be thrown out of the country,” Trump said in late October.

Once Trump assumes office, it won’t just be Smith’s role on the chopping block. Former Trump adviser Steve Bannon threatened Tuesday to make the Justice Department “pay the price for trying to destroy this country.” Trump will also have the opportunity to remake the entire department in his image.

As explained in Project 2025, a Justice Department under Trump may take on such issues as “enforc[ing] existing federal law that prohibits mailing abortifacients,” stopping people from traveling to receive abortions, scrapping Title IX protections, “aggressively deploy[ing] the Racketeer Influenced and Corrupt Organizations Act (RICO)” charges against Trump’s perceived political enemies, and “enforc[ing] the death penalty.”

To do so, Trump would appoint an attorney general to replace Merrick Garland, who would fall in line behind the strongman. Judge Aileen Cannon’s name has been thrown into the mix as just that person.

“I think he’s looking for somebody who’s totally obsequious,” said Ty Cobb, a former Trump administration lawyer. “In the Justice Department, he really wants somebody there who will do his bidding.”