Washington — The Justice Department and the Office of Special Counsel Jack Smith are engaged in active discussions about how to end the ongoing federal prosecution newly elected president donald trumpAccording to two people familiar with the negotiations.
The Justice Department is at the center of discussion long term policy The sources said there is a need to protect against prosecuting a sitting president and to enable a smooth transition for Trump to a second term in the White House.
The rules governing special counsel dictate that top Justice Department officials, possibly including Attorney General Merrick Garland, must be consulted on major decisions in investigations overseen by a special counsel. Smith's office declined to comment.
Garland Smith was appointed To take over the Justice Department's investigation involving Trump in November 2022.
The president-elect was convicted on federal charges last year in two separate cases brought by Smith, the first of which was his alleged misconduct sensitive government records and the other stemming from his alleged efforts reverse the transfer of power After the 2020 presidential election.
The former president pleaded innocent to all charges and accused Smith of carrying out a politically motivated prosecution of him with the aim of helping the campaigns of President Biden and then Harris.
In the prosecution involving the government documents, which was brought in South Florida, Smith and his team claimed that Trump illegally possessed them dozens of records He held the classification symbol after leaving the White House in January 2021 and worked with two staffers he was charged with obstructing a Justice Department investigation. Staff, Associate Walt Nauta and Mar-a-Lago Property Manager carlos de oliveraalso pleaded not guilty.
40 charges against the former President, but they were all fired Earlier this year, Judge Ellen Cannon, who was overseeing the case, ruled Smith's appointment unconstitutional. Smith appealed the decision and both sides appealed. were presented sawdust The issue is in the U.S. Court of Appeals for the 11th Circuit.
In the second case brought in Washington, DC, prosecutors claimed Trump launched an illegal scheme to seize power for a second term after losing the 2020 election to Mr Biden. However, the proceedings were stalled for months, as Trump sought to dismiss the charges on the grounds that presidential immunity protects him from prosecution.
The Supreme Court considered this matter in July and gave its verdict on the former presidents. can't face charges Arising from official actions taken while in the White House, and case restarted Before U.S. District Judge Tanya Chutkan in August.
Blacksmith secured a trespassing charge against Trump, which limited the charges against him to comply with the Supreme Court's decision, and both sides are debating whether the charges can still stand.
Contributed to this report.