This is John Batchel, a conversation with colleague Andrew McCarthy at a National Review Online

about Special Counsel Jack Smith's case against Donald Trump related to the January 6th, 2021 incident in Washington called an

insurrection. Andy reports very carefully the expectation that Jack Smith, in leaving the Justice Department,

will recommend the case be discontinued.

Andy McCarthy, about the future of the January 6th event, insurrection,

and the president-elect of the United States, Donald Trump.

More of this tonight.

Well, he has, Smith has announced that he is closing up shop and he is going to leave the

Justice Department before Trump is sworn in.

He has asked Judge Chuckin to cancel all proceedings in the

case, and Judge Chutkin, who is the presiding judge in Washington and Obama appointee, has given

Smith until December 2nd to submit something to the court that would reflect his vision of how the case will proceed from here.

I believe what Smith will file is a motion to dismiss the case under the federal rules of criminal procedure, and that will be the end of it.

Because I think Smith understands at this point there's no sensible way to press on.

Under the Justice Department guidance that's longstanding, goes back to the Watergate era,

a sitting president cannot be indicted or prosecuted.

So the cases would have to be on hold for at least four years.

And as we know, from having covered these cases, they're still, even if you could pick them up again and run with them tomorrow,

they're still years away from being tried because of all of the complex issues surrounding them.

So I believe what's going to happen is Smith will

file a motion to dismiss the cases on December 2nd, because after all, if he didn't do that,

then the incoming Trump Justice Department would move to dismiss the cases. And even though

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