The US Department of Justice is in talks with the office of special counsel Jack Smith over winding down the two federal cases he is overseeing against president-elect Donald Trump, according to US media reports.
Last year, Mr Smith brought charges against Trump over the alleged mishandling of classified documents and his suspected role in attempting to thwart the transfer of power after the 2020 presidential election.
But the justice department has a long-standing policy that sitting presidents cannot be prosecuted – which would apply when Trump returns to office in January.
Trump said during the election campaign that he would fire Mr Smith “within two seconds” if he was returned to office.
According to CBS News, two sources close to the talks say they centre on rules which prevent sitting presidents from being prosecuted and the need for a smooth transition between the outgoing Biden administration and Trump.
Deciding not to continue with the federal cases before Trump’s inauguration in January would also avoid a showdown between the incoming president and the justice department, the Associated Press reported.
Mr Smith was appointed by Attorney General Merrick Garland in November 2022.The two indictments brought by Mr Smith accuse Trump of conspiracy to reverse the 2020 election results in the run-up to the 6 January 2021 Capitol riot, and with retaining top secret records at his Mar-a-Lago estate in Florida and obstructing FBI efforts to recover them.
The classified documents case is currently stalled in the appeal court after a US judge dismissed it on the grounds that Mr Smith was not properly appointed by the justice department. Mr Smith appealed against the ruling and the case is currently pending.
The election interference prosecution has been put on hold after the US Supreme Court ruled that presidents have some immunity from criminal charges relating to official actions. Mr Smith’s team revised the indictment in August saying it showed the actions alleged in the indictment were carried out by Trump as a political candidate.
The two sides in that case are currently debating whether the charges still stand.