Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally holding on to classified documents at his Mar-a-Lago estate. But Trump's election defeat of Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with decades-old department legal opinions meant to shield presidents from criminal charges while in office.
The person familiar with Smith's plans was not authorized to discuss the matter by name and spoke on condition of anonymity to The Associated Press.
By moving to end the cases before the inauguration in January, Smith and the Justice Department would avert a potential showdown with Trump. The president-elect said as recently as last month that he would fire Smith, “within two seconds” of taking office.
