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Special counsel evaluating how to resolve two federal cases against Trump after presidential victory
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Special counsel evaluating how to resolve two federal cases against Trump after presidential victory

Washington — Special Counsel Jack Smith is evaluating how to resolve the two federal cases against Donald Trump before he takes office in light of longstanding Justice Department protocol that says sitting presidents cannot be prosecuted, he said Wednesday, a person familiar with the matter said.

Smith accused Trump last year of plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Trump’s election defeat of Kamala Harris means he can no longer be prosecuted under a decades-old Justice Department legal opinion.

The person familiar with Smith’s plans was not authorized to discuss the matter by name and spoke to The Associated Press on condition of anonymity.