Special Counsel Jack Smith reportedly plans to retire before President-elect Donald Trump takes office in January, denying the incoming president a chance to fire him.

Smith, who oversaw the federal criminal cases against Trump related to the 78-year-old’s attempts to overturn the 2020 election and the hoarding of classified documents, is wrapping up his work ahead of the 47th president’s inauguration on Jan. 20, 2025, the New York Times reported.

Smith’s plan is to get ahead of Trump’s promise to “fire” the special counsel within “two seconds” after being sworn in, sources told the outlet.

He intends to finish his work before Trump regains power and goes after those who brought up criminal charges against him.

The DOJ has a longstanding policy of not prosecuting a sitting president and officials there reportedly are aware it would be futile to continue pursuing charges.

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