WASHINGTON — Special counsel Jack Smith and his team plan to resign before President-elect Donald Trump takes office, a source familiar with the matter said.

Smith’s office was evaluating the best path for winding down its work on the two outstanding federal criminal cases against Trump, as the Justice Department’s longstanding position is that it cannot charge a sitting president with a crime.

The New York Times first reported Smith will step down.

Before Trump’s re-election last week, Smith and his team had taken significant steps in their election interference case against Trump. After Trump’s victory, however, the federal judge overseeing the case said she would pause the process to allow the special counsel’s office time to decide how to proceed. 

The Justice Department indicted Trump last year in their investigation of his efforts to overturn the 2020 presidential election. But Smith’s case was hindered in July of this year by the Supreme Court’s ruling that he has immunity for some conduct as president in his federal election interference case. In August, Trump was charged with the same four counts after a federal grand jury returned a superseding indictment in the case following the immunity ruling.

The Justice Department had also charged Trump in Florida with allegedly mishandling classified documents after he left office. But a federal judge dismissed the case in July, saying Smith’s appointment was illegal.

This is a developing story. Please check back for updates.