Justice Department and special counsel in talks about how to end prosecution of Trump

Washington- The Justice Department and Special Counsel Jack Smith's office are currently in active discussions about how to dismiss the ongoing federal cases against him President-elect Donald Trumpsaid two people familiar with the conversations.

At the heart of the discussions is the Justice Department's longstanding policy against prosecuting a sitting president and the need to facilitate a smooth transition to a second Trump term in the White House, the sources said.

The rules governing the special counsel require that the upper echelons of the Justice Department, including potentially Attorney General Merrick Garland, be consulted when making key decisions in an investigation overseen by a special counsel. Smith's office declined to comment.

garland Smith appointed to take over the Justice Department's Trump-related investigation in November 2022.

The president-elect was indicted last year in two separate cases brought by Smith last year, the first involving himself alleged incorrect operation of sensitive government documents and the second comes from his alleged efforts to do so undermine the transfer of power after the 2020 presidential election.

The former president pleaded not guilty to all charges and accused Smith of launching a politically motivated prosecution aimed at aiding President Biden's – and then Harris' – campaign against him.

In the prosecution involving government documents filed in South Florida, Smith and his team alleged that Trump had illegally complied with them Dozens of records He wore classification plates after leaving the White House in January 2021 and worked with two associates charged alongside him to obstruct the Justice Department's investigation. Mar-a-Lago's staff, consultant Walt Nauta and property manager Carlos De OliveiraHe also pleaded not guilty.

40 charges were filed against the former president, but they were all fired Earlier this year, Judge Aileen Cannon, the judge overseeing the case, ruled that Smith's appointment was unconstitutional. Smith appealed the ruling, and both sides have appealed submitted Submissions referred on this issue to the US Court of Appeals for the 11th Circuit.

In the second case, heard in Washington, DC, prosecutors alleged that Trump launched an illegal scheme to stay in power for a second term after losing the 2020 election to Mr. Biden. But the trial was paused for months as Trump sought dismissal of the charges on the grounds that presidential immunity protected him from prosecution.

The Supreme Court considered the matter in July and ruled that former presidents cannot be charged arising from official actions taken at the White House, and the case was reopened before U.S. District Judge Tanya Chutkan in August.

Blacksmith secured a substitute indictment against Trump, which limited the allegations against him to comply with the Supreme Court's decision, and both sides are currently debating whether the allegations can still stand.

Melissa Quinn contributed to this report.