Smith's federal criminal cases against Trump were upended by the election, as the Justice Department's longstanding policy is that sitting presidents can't be charged with crimes.

Smith intends to resign ahead of Trump’s presidency, The New York Times first reported Wednesday, after reports suggested the special counsel and Justice Department were planning to follow longstanding DOJ precedent to not prosecute sitting presidents and wind down their prosecutions against Trump as a result.

Whether Special Counsel Jack Smith’s final reports outlining his investigation and indictments of Donald Trump become public is coming down to the wire, according to a legal expert, who said that two key categories of information are worth following as the country – and those the former president has promised vengeance on – await his return to the