'Another possibility': Ex-prosecutor flags 'intriguing' way Jack Smith could damage Trump

The reported resignation of Jack Smith, who was appointed special counsel to investigate and ultimately prosecute Donald Trump, appears to be a clear win for the former and incoming president. But there may be more to the story, according to an ex-prosecutor.

Former federal prosecutor Joyce Vance on Thursday noted that, despite the fact that the cases against Trump are coming to an end, there is a requirement in the special counsel regulations that could come back to haunt Trump even as he ramps up to return to the White House.

"The reports painted a picture of prosecutors who had concluded their only option was to close up shop because Trump prevailed in the case," Vance said. "It’s possible that is what is happening, but there is another possibility, too.

Specifically, Vance states, "At the conclusion of a special counsel’s investigation, section 600.9(a)(3) of the Special Counsel Regulations requires the Attorney General to provide Congressional leadership with 'a description, and explanation of instances (if any)' where the Attorney General overruled an action the special counsel wanted to take."

"That requirement would be triggered if Smith proposed moving forward despite DOJ policy against prosecuting a sitting president (there were earlier reports he intended to continue his work through inauguration day), and the Attorney General countermanded him because of existing policy," she added. "It’s hard to assess what value a report like that might have, beyond information and evidence Smith’s court filings have already made public. It would at least guarantee there would be a permanent public record that would survive Trump’s certain demand that the Justice Department kill the cases against him."

Vance concluded:

"This is one potentially intriguing possibility in a day that didn’t have much optimism to offer. It bothers me deeply, nonetheless, that Trump has avoided accountability at the hands of a jury that would consider the evidence against him and decide whether to convict him or not. I know I’ll struggle with that for a long time."

Read Vance's full piece here.