Jack Smith, the special counsel, has initiated discussions on concluding the two federal cases against President-elect Donald J. Trump, adhering to DOJ's policy against prosecuting sitting presidents.
The trial judge in the documents case dismissed the indictment, citing Mr. Smith's appointment as unconstitutional, raising concerns about the authority of other unconfirmed government officials.
Smith's office is appealing the dismissal, with a mid-November deadline looming, adding pressure to clarify how he plans to conclude the cases.
Justice Department lawyers are cautious about leaving Judge Cannon's decision unchallenged due to its potential implications for the authority of similar officials.
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