Special Counsel Jack Smith and his team plan to resign

(NBC, KYMA/KECY) - Special Counsel Jack Smith and his team plan to resign before President-Elect Donald Trump takes office, a source familiar with the matter said.

NBC News reported last week that Smith's office was evaluating the best path for winding down its work on the two outstanding federal cases against Trump.

Additionally, the Justice Department has had a long-standing position that it cannot charge a sitting president with a crime.

The New York Times first reported that Smith will step down.