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NEW: Jack Smith Will Resign To Avoid Being Fired By Trump

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Special counsel Jack Smith has told colleagues he plans to resign from his post in the coming weeks to avoid the embarrassment of being fired by President-elect Donald Trump.

Fox News reported on Smith’s disclosure, which will come with the filing of a report on the status of his election interference case against Trump. Under Department of Justice guidelines, the Biden appointee must submit a summary of his case by December 2nd even if it will never be brought to trial. Smith’s final filing in the case will stop short of dropping the case completely — instead, the motion will seek to vacate all charges related to Trump’s words and actions around the J6 riots.

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It’s unclear whether U.S. Attorney General Merrick Garland would publicize the report before Trump takes office or wait for the new administration, according to sources who spoke with the New York Times. Those close to the case say Smith has no intention of dragging his feet, and he has told career prosecutors and FBI agents around him that his resignation will occur in the coming weeks.

On Friday, Smith filed a motion in the case seeking “to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.” The widely expected move was essentially an admission that, despite tangling with Trump attorneys on the merits of immunity, prosecuting a president-elect just two months away from taking office would be impossible. Once in power, Trump would dismiss the case and has long promised to fire Smith “within two seconds.”

U.S. House investigators are seeking to obtain all documents in Smith’s case before he leaves his post. Rep. Jim Jordan (R-OH), chair of the House Judiciary Committee, said last week that he is “not taking anything off the table” regarding compelling Smith for testimony by subpoena. “We want the facts,” he told CNN’s “State of the Union.” “I assume there’s going to be some report. But all we’re saying is, ‘preserve everything,’ so we, the Congress, who have a constitutional duty to do oversight, can see everything,” Jordan added. Asked if he would drag Smith in for questioning, a highly unusual move for a special counsel, Jordan demurred. “Maybe that’s been the norm, but we’re not taking anything off the table. I’m not saying for sure, but we want the information,” he said.

Also on Friday, Rep. Barry Loudermilk (R-GA) sent a letter to Smith’s office demanding it “preserve all existing and future records and materials related to the Office of Special Counsel’s investigations and prosecutions of President Trump.”

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“With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information,” the letter added.

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