Donald Trump may not even need to fire special counsel Jack Smith on his first day in office—the Justice Department could do it for him.
With Trump’s victory in the election on Tuesday, officials from the Department of Justice are now considering halting efforts to pursue Smith’s cases against the president-elect, according to two individuals familiar with the situation who spoke to NBC News.
CNN’s chief legal correspondent, Paula Reid, reported on Wednesday that both Smith and department officials are “seeking ways to wind this down.” This suggests that both the classified documents case and the election interference case could soon be abandoned.
Trump and his supporters have repeatedly targeted Smith. “To Jack Smith and your team: It’s time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall,” Republican Senator Lindsey Graham posted on X early Wednesday.
Trump has not only vowed to fire Smith “within two seconds” but has also threatened to deport him. In late October, he referred to Smith as “mentally deranged” and called for him to be “thrown out of the country.”
Once in office, Trump’s focus wouldn’t just be on Smith’s role; former Trump adviser Steve Bannon warned on Tuesday that the Justice Department would “pay the price for trying to destroy this country.” Trump would also have the chance to reshape the department to fit his vision.
As outlined in Project 2025, a Trump-led Justice Department could tackle issues such as enforcing federal laws against mailing abortifacients, preventing travel for abortion services, rolling back Title IX protections, using the Racketeer Influenced and Corrupt Organizations (RICO) Act against political opponents, and pushing for the death penalty.
To achieve these goals, Trump would appoint a new attorney general to replace Merrick Garland—one who would be loyal to his agenda. Judge Aileen Cannon’s name has been suggested as a potential candidate.
“I think he’s looking for somebody who’s completely submissive,” said Ty Cobb, a former Trump administration lawyer. “In the Justice Department, he wants someone who will carry out his will without question.”
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