The decision is in keeping with a longstanding Justice Department policy that bars prosecution of sitting presidents.

Jack Smith will resign as special counsel before Donald Trump can fire him, several legal analysts have told Newsweek. Trump vowed to conservative radio host Hugh Hewitt on October 24 that he will fire Smith "within two seconds" of taking office.

Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents.

Smith has spent years building two cases against the president-elect, claiming that he conspired to overturn the 2020 election and illegally kept classified documents in his home at Mar-a-Lago. Those cases had to be almost entirely rebuilt following a Supreme Court ruling that granted widespread immunity to presidents while they are in office.