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According to Glenn Kirschner, a former prosecutor and legal analyst, on Saturday, Department of Justice (DOJ) special counsel Jack Smith could soon drop an “eye-opening” report on President-elect Donald Trump’s criminal cases.
Trump, who won the 2024 presidential election over Vice President Kamala Harris, still has two pending criminal matters—his federal 2020 election subversion case and the Mar-a-Lago classified documents case—that are said to be set aside due to his victory since sitting presidents cannot be criminally prosecuted under the law.
The president-elect has pleaded not guilty to all charges in the cases. However, with these cases yet to go to trial, Trump has vowed to dismiss Smith “within two seconds” of assuming office, as he told conservative radio host Hugh Hewitt in October.
However, The New York Times reported on Wednesday that Smith intends to conclude his work and step down with his team before then, completing all significant aspects of the investigations himself.
Smith’s office is currently developing a strategy to conclude the cases, though unforeseen factors, including court rulings or actions by other government officials, could potentially affect his timeline.
In addition, the U.S. Constitution says a sitting president can grant pardons for federal crimes. Whether that can apply to pardoning himself—if Trump were to be convicted in the federal election subversion case remains to be seen as this has never happened in U.S. history. In the president-elect’s classified documents case, Judge Aileen Cannon, who oversaw the case and was appointed by Trump in 2020, dismissed it. Smith, however, has since filed an appeal.
Kirschner, a former assistant U.S. attorney and frequent Trump critic, spoke in a YouTube video on Saturday about Smith’s developing strategy to conclude the cases in which he predicted that before Smith steps down he will drop an “eye-opening” report on Trump’s criminal cases.
“We are going to see, I’m quite confident, a several hundred-page report from special counsel Jack Smith documenting all of the evidence of crimes by Donald Trump and probably his many criminal associates. That will be an eye-opening moment. It will probably be a jaw dropping moment and it will really be a disheartening moment. Why? Because it looks like those crimes might forever go unprosecuted. That is not a sure thing but that is certainly where unfortunately the smart money is riding,” Kirschner said.
He added: “If the report is not issued now, I have to believe the Trump administration will bury all of that evidence and will probably try to destroy all of that evidence. And the good news is that Attorney General Merrick Garland has gone on record a number of times as saying he would release any special counsel report that was issued, so I think we are going to see it.”
Newsweek has reached out to the DOJ via online email form and Trump’s spokesperson via email for comment.
Kirschner is not the first to suggest Smith could drop a report detailing the evidence against Trump.
In a Saturday interview appearance on MSNBC’s The Katie Phang Show, Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan under the Barack Obama administration, spoke about how Smith may be able to “revive” Trump’s cases as she mentioned that one thing he could do is issue a “full-throated report.”
“There are a couple things he can do. One…is to issue a full-throated report on both of the cases; the January 6th election interference case, as well as the documents case in Florida—those two things. The other thing he could do, Katie, and I don’t know if this would withstand all of the machinations that Trump will certainly try to put up against it—to dismiss the cases without prejudice and make the argument later that the statute of limitations is tolled during the Trump presidency and revive the cases in 2029. I think there is a 50-50 shot that succeeds, so if he ends it now with prejudice, that keeps those cases alive,” McQuade said.
She added that “it would put the Trump administration in the untenable spot of either accepting that or having to refile the cases just so they can dismiss them with prejudice.”