What happens to Trump's legal issues? | LiveNOW from FOX

Special counsel Jack Smith is evaluating how to wind down the two federal cases against Donald Trump before the president-elect takes office in light of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.

Smith charged Trump last year with 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 that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.

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

By moving to wind down the cases before the inauguration in January, Smith and the Justice Department would be averting a potential showdown with Trump, who said as recently as last month that he would fire Smith “within two seconds” of taking office. It would also mean Trump would enter the White House without the legal cloud of federal criminal prosecutions that once carried the potential for felony convictions and prison sentences.

Legal analyst Hans Von Spakovsky joins LiveNOW's Andrew Craft to break it all down.

Raw and unfiltered. Watch a non-stop stream of breaking news, live events and stories across the nation. Limited commentary. No opinion. Experience LiveNOW from FOX.

[hughheeney]

The Appeals courts will throw the cases out, and hopefully disbar the corrupt court officials.

[JW-sbiz]

This is just the beginning. The Trump legal team should go after the asses of those corrupt ones. I think these swamp creatures now know their days are numbered.

[michelleliberty]

Trump goes from the hunted, to the hunter.

[puppyflight]

can you sue the judge, can you impeach the judge??

[openmind]

Murchon needs to be disbarred from judging!

[Ligmajohnson]

Old Barr feeling the heat, straight out covering himself.

[deadgrip]

It's like swinging at someone, missing, then expecting them not to swing back.

[ABSP]

Just my opinion, but the indictments have helped Trump to win, as they were clearly political and everybody could see it.

[heaven-is-real]

Investigate Jack Smith, he is a big time crook.

[lewiscarey]

Smith was NOT APPROVED through hearings!!😮

[Ghost.]

You mean fake charges as a felon considering they changed the law and charges specifically for him

[julietk]

The world will be laughing at these ridiculous court proceedings.

[fhuber]

What should happen is the Judge and prosecutor being charged with malicious prosecution and abuse of office and them being put in prison until the sun explodes.

[williammorgan]

Make him repay wasted taxpayers’ money.

[DoraDeVault]

How about GA Dismissal because Fani is a Fraud 😮

[kaybel]

Lawyers lost yesterday because it was a blowout.

[TOMAS-lher]

Why hasn't Smith been disqualified ?? Judge Cannon said Smith was illegally appointed by Garland !!! WHERE THE HELL ARE THE REPUBLICANS ???

[BenjaminG]

He will never be sentenced on the New York cases. That will be overturned.

[rico]

NOOOO JACK NEEDS TO PAY IN SO MANY WAYS FOR ELECTION INTERFERENCE..PERIOD AND THE REST OF THE DOJ GARLAND..

[davidbell]

They are called "Trumped up charges"