Special counsel Jack Smith reviews potential charges against Trump after election win

Donald Trump and Jack Smith. Pic/AFP

Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before he takes office in light of longstanding Justice Department protocol that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.

Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Trump's election defeat of Kamala Harris means that he can no longer face prosecution in accordance with a decades-old Justice Department legal opinion.

The person familiar with Smith's plans was not authorised to discuss the matter by name and spoke on condition of anonymity to The Associated Press.

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