A complex legal and political showdown unfolds between Special Counsel Jack Smith and President-elect Donald Trump as the former prepares to resign from his position before the upcoming inauguration.

According to The Populist Times, Smith's impending departure faces potential complications that could give Trump the opportunity to fulfill his promise of firing the special counsel who led two federal criminal cases against him.

Trump's unexpected electoral triumph has dramatically altered the legal landscape surrounding these high-profile cases.

A combination of long-standing Justice Department policies and recent Supreme Court decisions has effectively halted Smith's prosecution efforts against the former and now incoming president.

Legal Precedents Shape Smith's Limited Options

Department of Justice protocols dating back to 1973, subsequently reinforced in 2000, explicitly prevent the prosecution of a sitting president. This established precedent, coupled with Trump's electoral victory, has effectively neutralized Smith's ability to pursue the cases further.

A recent 6-3 Supreme Court ruling has provided additional protection for Trump by extending immunity to former presidents for actions taken within their constitutional authority.

The Department of Justice has already taken steps to wind down some litigation, dismissing the Florida case concerning alleged mishandling of government documents. This development signals a broader shift in the legal proceedings against Trump following his election win.

Trump's lawyer, James Trusty, suggests that the Justice Department's apparent reluctance to formally conclude the cases might be politically motivated.

He offered this assessment:

My instinct is they would rather sit in status quo or largely status quo, rather than affirmatively pull the plug. Politically, I think they would rather have the new Trump administration's fingerprints on the demise of the cases.

Complex Procedural Requirements Could Delay Smith's Departure

The process of closing ongoing criminal cases involves numerous technical and procedural requirements that could potentially extend beyond Trump's inauguration date. Smith must carefully review previous judicial rulings and prepare a comprehensive final report for Attorney General Merrick Garland's consideration.

Smith has already initiated some procedural steps, requesting the court to vacate remaining pretrial deadlines in light of what he termed "unprecedented circumstances." The court has granted him until December 2 to determine how to proceed with the election interference case.

The special counsel's team faces mounting pressure to complete these tasks before the transition of power. Trump has been explicit about his intentions, saying, "It's so easy — I would fire him within two seconds."

Political Tensions Rise As Legal Cases Unravel

Former Trump strategist Steve Bannon has issued pointed warnings to those involved in Trump's prosecution, including Smith, Garland, and others. His comments reflect the heightened tensions surrounding these legal proceedings and their potential aftermath.

The election interference case, which centered on Trump's alleged attempts to overturn the 2020 election results, remains particularly sensitive. The allegations included claims of fraud and voter disenfranchisement, issues that continue to resonate in American political discourse.

The timing of Smith's departure could have significant implications for both the Justice Department and the incoming administration. If Smith fails to complete his duties before the inauguration, he risks facing dismissal by the very subject of his investigations.

Resolution and Future Implications

Special Counsel Jack Smith's tenure, marked by his determined pursuit of cases against Trump, appears to be reaching its conclusion as he prepares to step down from his position.

His departure comes amid significant changes in the legal landscape following Trump's electoral victory.

The resolution of these cases will likely influence future discussions about presidential immunity and the scope of special counsel investigations. The outcome demonstrates how electoral results can dramatically impact ongoing legal proceedings, especially those involving high-ranking political figures.