Special counsel Jack Smith plans to leave Justice Department by the time Trump takes office

Washington — Special counsel Jack Smith is expected to have departed the Justice Department by the time President-elect Donald Trump takes office in late January, two sources familiar with his plans told CBS News, as he and his team make plans to wind down the two federal prosecutions against the incoming president.

By leaving before the start of Trump's second term, Smith would keep the president-elect from firing him, as Trump has said repeatedly he plans to do. The special counsel is expected to issue a final report, as required by Justice Department rules, though it will likely be more historical than factual.

It's unclear when the report will be submitted to Attorney General Merrick Garland and likely sent to Congress, as the attorney general has done with reports from other special counsels before they were made public. The New York Times first reported Smith's plans to step down.