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.

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.

Special counsel Jack Smith continues to discuss with Justice Department leadership the mechanics of winding down the federal prosecutions of Donald Trump, with the intention of stepping down before the former president returns to the White House,