特别顾问杰克·史密斯正在与司法部的高层领导进行积极的对话他可以结束他的起诉知情人士告诉美国广播公司新闻,当选总统唐纳德·特朗普。
消息人士称,这一决定是基于司法部的长期政策,即在任总统在任期间不能面临刑事起诉。
目前尚不清楚史密斯的检察官将如何驳回华盛顿特区的联邦选举颠覆案,以及他们对艾琳·坎农法官驳回机密文件案的上诉。
王牌发誓要开枪史密斯“两秒钟之内”
“我们在最高法院获得了豁免权。太简单了。我会在两秒钟内解雇他。特朗普在10月24日参加“休·休伊特秀”(Hugh Hewitt Show)的电话采访中说:“他将是第一个被提及的人。”。
但是由于司法部不起诉总统的政策,解雇是不必要的。
2022年11月,司法部长梅里克·加兰(Merrick Garland)任命史密斯担任这一职务,以调查特朗普及其盟友推翻2020年大选的努力,以及特朗普涉嫌非法持有他在白宫任职期间获得的高度机密文件。
2023年6月8日,史密斯指控特朗普非法保留的机密文件并阻挠政府找回他们的努力。特朗普在佛罗里达州的一家联邦法院对指控不认罪。
2023年8月1日,特朗普被指控犯有四项重罪,与他试图推翻结果2020年的选举。特朗普在联邦法庭上也对这些指控不认罪。
今年夏天早些时候,最高法院的裁决使这两起案件陷入混乱给予总统部分豁免权反对起诉。
1月6日的案件被发回下级法院,而特朗普提名人坎农驳回了机密文件案,裁定史密斯担任特别顾问是违宪的,因为他不是由总统任命的,也没有得到国会的确认。
与此同时,曼哈顿地区检察官办公室周三拒绝就特朗普的刑事判决发表评论封口费案件.
特朗普定于11月26日被判刑,罪名是伪造与封口费支付给成人电影女演员斯托米·丹尼尔斯有关的商业记录,以提高他在2016年总统大选中的选举前景。
此外,一项关于特朗普是否必须支付全部或部分近5亿美元的判决正在等待州上诉法院的裁决民事欺诈案件由纽约司法部长莱蒂夏·詹姆斯提出。
“不管下届政府会给我们带来什么,我们都准备好了。我们已经准备好回应他们的攻击,”詹姆斯周三表示。"面对不公正、报复或报应,我们将继续昂首挺胸。"
特朗普还欠前Elle杂志专栏作家E. Jean Carroll大约9000万美元,此前两起民事案件的陪审团发现他在20世纪90年代对她进行了性侵犯,然后诽谤了她。
卡罗尔的律师罗伯塔·卡普兰(Roberta Kaplan)在提供给美国广播公司新闻(ABC News)的一份声明中说,“特朗普当选总统丝毫没有改变两个独立陪审团认定的事实,即他对卡罗尔进行了性侵犯和诽谤,也没有改变他为这一行为承担责任的适用法律原则。”
Special counsel Jack Smith expected to wind down Trump prosecutions: Sources
Special counsel Jack Smith is in active talks with senior leadership at the Justice Department evaluating wayshe can end his prosecutionsof 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.
Trumphas vowed to fireSmith "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.
Smith was appointed to his position by Attorney General Merrick Garland in November 2022 to investigate Trump and his allies' efforts to overturn the 2020 election as well as Trump's alleged unlawful possession of highly classified documents he took from his time in the White House.
On June 8, 2023, Smith indicted Trump on charges he unlawfullyretained classified documentsand obstructed the government's efforts to retrieve them. Trump pleaded not guilty to the charges in a federal court in Florida.
On Aug. 1, 2023, Trump was indicted on four felony counts related to his efforts tooverturn the resultsof the 2020 election. Trump also pleaded not guilty in federal court to those charges.
Both cases were thrown into disarray by the Supreme Court's decision earlier this summergiving presidents partial immunityagainst prosecution.
The Jan. 6 case was sent back to a lower court, while Cannon, a Trump nominee, dismissed the classified documents case, ruling Smith's appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
The Manhattan district attorney's office, meanwhile, declined to comment Wednesday on Trump's pending sentencing in his criminalhush money case.
Trump is scheduled to be sentenced on Nov. 26 for falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
In addition, a decision is pending before a state appeals court regarding whether Trump must pay all or part of a nearly $500 million judgment in thecivil fraud casebrought by the New York Attorney General Letitia James.
"No matter what the next administration throws at us, we're ready. We're ready to respond to their attacks," James said Wednesday. "We will continue to stand tall in the face of injustice, revenge, or retribution."
Trump also owes former Elle magazine columnist E. Jean Carroll about $90 million after juries in two civil cases found that he sexually assaulted her in the 1990s then defamed her.
"Mr. Trump's election to the presidency does nothing to change either the fact, as determined by two separate juries, that he sexually assaulted and defamed Ms. Carroll, or the applicable legal principles under which he was held liable for that conduct," Carroll's attorney Roberta Kaplan said in a statement provided to ABC News.