Biden's DOJ Already Winding Down Federal Cases Against Trump After Election Victory: Report

The Department of Justice (DOJ) is reportedly winding down the two federal criminal cases against President-elect Donald Trump before he takes office for his second term in January, NBC News reported on Wednesday.

The move answers to a longstanding policy of not prosecuting a sitting president, two people familiar with the discussions told the outlet. Officials are aware that they don't have time to prosecute the two cases brought against Trump: the one investigating his role in the attempt to overturn the 2020 presidential election on January 6, 2021, and the classified documents one.

Special counsel Jack Smith, investigating Trump, had taken significant steps seeking to move the case forward. However, Trump's defense managed to postpone key dates and the president-elect will now avoid the procedures during his time in office.

Now Smith and his team will have to decide how to unwind the charges and whether to write a report. Members of his team were reportedly preparing to face retribution if Trump was elected, holding staff briefings on potential harassment by Trump supporters.

Topics reportedly included doxing, in which a person's private information is posted online, as well as cybersecurity and stalking.

In January, Politico reported that the Justice Department spent more than $4.4 million over six months to protect Smith and his team from threats the special counsel has said were sparked by comments from Trump, who had called him "deranged" and a "sick puppy."

Some members of Smith's prosecution team have reportedly already left for different Justice Department positions. Many also anticipate Republican-led congressional investigations and internal Justice Department reviews, CNN said.

Trump pledged to immediately dismiss the special prosecutor if he were to take office again. "I would fire him within two seconds," the Republican nominee told conservative podcast host Hugh Hewitt on October 24. Smith reportedly has no plans to resign.