Jack Smith is finally dropping his prosecutions of Donald Trump after his stunning re-election victory, bringing an end to a failed effort to deny Trump a second term with lawfare.
The move is "based on longstanding Department of Justice policy that a sitting president cannot face criminal prosecution while in office," sources told ABC News.
The Biden Justice Department appointed Smith in November 2022, the same month that Trump launched his historic comeback campaign. Smith brought charges against Trump last summer for allegedly stealing classified documents and conspiring to overturn the 2020 election.
Trump repeatedly criticized Smith as a "deranged" political operative of the Democratic party, as Smith furiously pushed to bring Trump to trial and secure a conviction before Election Day.
When that effort failed, Smith shared a filing in his "election interference" case in October, sparking pushback from Trump and others who said Smith was meddling with the presidential election.
Smith is now in talks to wind down his prosecutions into the former and future president, who won a stunning popular mandate from voters on Election Day despite the efforts of Democrats to paint him as an aspiring dictator and "convicted felon."
While Smith had no problem trying to block Trump from returning to power, Smith is facing the reality that he simply can't prosecute a sitting president.
In addition to the Justice Department cases, Trump has also been harassed by Democratic prosecutors in New York and Georgia.
An election interference case in Georgia was derailed by prosecutor Fani Willis' highly publicized workplace romance, which raised a conflict of interest and an ongoing effort by Trump to disqualify her.
Trump is also facing a sentencing on November 26 in New York over his conviction for "falsifying business records" in his "hush money" case involving Stormy Daniels.
Trump has threatened to fire Smith on day one of a second Trump administration, but it appears Smith wants to pre-empt that possibility.
"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 told radio host Hugh Hewitt last month.
Democrats thought they could stop Trump by weaponizing justice, but now true justice is being served, and Trump is getting the last laugh.
