Washington.– Special counsel Jack Smith plans to continue his two criminal cases against former President Donald J. Trump through the election and even into Inauguration Day if Trump wins the presidential race, according to a person familiar with Smith’s plans.
Smith believes that under Justice Department regulations, his tenure as special counsel and his authority to pursue cases are not contingent on a change in administration and will extend until he is formally removed from his post.
As a practical matter, that means the special counsel’s office is prepared to press ahead as long as possible with the two charges against Trump.
One of them, filed in Washington, accuses the former president of participating in a plot to overturn the 2020 election.
The other, filed in Florida, accuses Trump of withholding a host of sensitive classified documents after his term ended and obstructing repeated government efforts to recover them.
Smith’s decision to pursue the cases comes as a landmark Supreme Court ruling on executive immunity this week has postponed the election interference case until after voters go to the polls in November.
At the same time, Judge Aileen M. Cannon, who is presiding over the classified documents case in Florida, has declined to set a trial date as she is mired in a constellation of legal issues and court hearings.
A spokesman for Smith declined to comment on his plans for the two cases.
It is not unusual for a special prosecutor like Smith to seek to continue prosecuting cases even after a change in presidential administration.
Justice Department regulations governing special prosecutors grant them complete independence from the attorneys general who appointed them.
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