Justice Dept. could drop Donald Trump from the classified document appeal but keep his co-defendants, hoping to reverse Judge Cannon’s special counsel ruling.

Smith's federal criminal cases against Trump were upended by the election, as the Justice Department's longstanding policy is that sitting presidents can't be charged with crimes.

If Special Counsel Jack Smith resigns before President Trump takes the oath of office for a second time, he will likely take his two criminal cases against the 45th president with him into the sunset.