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Special counsel Jack Smith is in active talks with senior leadership at the Justice Department evaluating ways he can end his prosecutions of President-elect Donald Trump, sources familiar with the matter told ABC News.
The decision is based on longstanding Department of Justice policy that a sitting president cannot face criminal prosecution while in office, sources said.
It is unclear as of today how Smith's prosecutors will approach dismissing both the federal election subversion case in Washington, D.C., and their ongoing appeal of Judge Aileen Cannon's dismissal of the classified documents case.
Trump has vowed to fire Smith "within two seconds."
"We got immunity at the Supreme Court. It's so easy. I would fire him within two seconds. He'll be one of the first things addressed," Trump said on a call into the "Hugh Hewitt Show" on Oct. 24.
But due to Justice Department policy of not prosecuting a president, a firing is unneeded.
The decision is based on longstanding Department of Justice policy that a sitting president cannot face criminal prosecution while in office, sources said.
It is unclear as of today how Smith's prosecutors will approach dismissing both the federal election subversion case in Washington, D.C., and their ongoing appeal of Judge Aileen Cannon's dismissal of the classified documents case.
Trump has vowed to fire Smith "within two seconds."
"We got immunity at the Supreme Court. It's so easy. I would fire him within two seconds. He'll be one of the first things addressed," Trump said on a call into the "Hugh Hewitt Show" on Oct. 24.
But due to Justice Department policy of not prosecuting a president, a firing is unneeded.
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