Special counsel is examining how two federal cases against Trump can be concluded after the presidential victory

WASHINGTON — Special counsel Jack Smith is considering how to conclude the two federal cases against Donald Trump before he takes office in light of the Justice Department’s longstanding protocol that says sitting presidents cannot be prosecuted, a person familiar with the matter said Wednesday.

Smith accused Trump last year of conspiring to overturn the 2020 presidential election results and of illegally stockpiling classified documents at his Mar-a-Lago estate. But Trump’s election loss to Kamala Harris means he can no longer be prosecuted under a decades-old Justice Department legal opinion.

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