Special Counsel Jack Smith expects to drop prosecution against Trump: sources

Special Counsel Jack Smith is in active discussions with senior Justice Department leaders to explore ways to end his prosecution of President-elect Donald Trump, sources familiar with the matter told ABC News.

The decision is based on the Justice Department's longstanding policy that a sitting president cannot be prosecuted while in office, sources said.

To date, it is unclear how Smith's prosecutors will proceed to dismiss both the Washington, D.C. federal election fraud case and their ongoing appeal of Judge Aileen Cannon's dismissal of the classified documents case.

Trump has promised to fire Smith “within two seconds.”

“We got immunity from the Supreme Court. It's that simple. I would fire him in two seconds. He will be one of the first to be approached,” Trump said in an Oct. 24 call to “The Hugh Hewitt Show.”

However, because of the Justice Department's policy of not prosecuting a president, firing is not necessary.

Smith was appointed to his position in November 2022 by Attorney General Merrick Garland to investigate efforts by Trump and his allies to overturn the 2020 election, as well as Trump's alleged unlawful possession of top secret documents he took from his time in the White House investigate.

On June 8, 2023, Smith filed an indictment against Trump, alleging that he improperly preserved confidential documents and obstructed the government's efforts to retrieve them. Trump pleaded not guilty in federal court in Florida.

On August 1, 2023, Trump was indicted on four felony charges related to his efforts to overturn the results of the 2020 election. Trump also pleaded not guilty to those charges in federal court.

Both cases were thrown into disarray by the Supreme Court's decision earlier this summer that granted presidents partial immunity from prosecution.

The Jan. 6 case was sent back to a lower court, while Cannon, a Trump nominee, dismissed the classified documents case and ruled that Smith's appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress .

ABC News' Ivan Pereira contributed to this report.