Justice Department officials were evaluating how to end the two federal criminal cases against President-elect Donald Trump before he takes office to comply with the department’s long-standing policy that a sitting president cannot be prosecuted, people told NBC News two people close to the case.

The latest discussions contrast with the pre-election legal stance of special counsel Jack Smith, who has taken significant action in recent weeks in the election interference case against Trump without regard to the election calendar.

But the sources say DOJ officials have become aware that no trial is possible anytime soon in the Jan. 6 case or the classified documents case — both of which are mired in legal issues which would probably result in a call all the time. path to the Supreme Court, even if Trump had lost the election.

Now that Trump is set to become president again, DOJ officials see no prospect of pursuing any of the criminal charges against him — and no point in continuing to file them in the weeks before he takes office, the people said .

“Reasonable, inevitable and unfortunate,” former federal prosecutor Chuck Rosenberg told NBC News.

The manner in which Trump has found himself in legal jeopardy over the past year, both in terms of criminal charges and landslide election victory, is unprecedented.

The sources said it will be up to Smith to decide exactly how to unravel the accusations, and many questions remain unanswered. Could prosecutions resume after Trump leaves office or would they be statute-barred? What happens to the evidence? What about the other two defendants accused of helping Trump hide classified documents? Will Smith write a report, as special advocates usually do?

Sources say all these issues require study and research.

At the same time, Trump’s legal team is considering what next steps to take to resolve pending federal cases in the former president’s favor now that he is projected as the winner of the election. The ultimate goal is to completely eliminate all federal and state business — the strategic call is how best to accomplish that task, according to a person familiar with the discussions.

If the Trump camp, for example, were to ask the court again to dismiss Washington’s election interference charges, the Justice Department could then use its legal response to explain its position and not move forward in the case. .

Trump’s New York criminal case presents different challenges with a felony conviction and sentencing hearing scheduled for November 26. The immediate goal of Trump’s legal team is to have this postponed indefinitely or thrown out.

The Georgia election interference case against Trump remains tied to calls over ethical questions surrounding the prosecutor.

The DOJ’s thinking on Trump’s federal affairs stems from a 2000 study. note by the Office of Legal Counsel of the Department of Justice, which confirmed a Watergate-era conclusion that prosecuting a sitting president would “unduly interfere, directly or formally, with the conduct of the presidency.”

“In light of the effect an indictment would have on the operations of the executive branch, ‘impeachment proceedings are the only appropriate means of dealing with a president while in office,'” the memo concludes, citing the previous conclusion.

The practical reality of Trump’s election victory Tuesday is that he is unlikely ever to face legal consequences for the serious federal criminal charges brought against him by career Justice Department prosecutors working with agents FBI career path.

Some commentators said the charges were arguably more serious than the conduct in the Watergate scandal that cost Richard Nixon the presidency and banished him from politics.

In the case accusing Trump of conspiring to illegally overturn the 2020 election, he is charged with conspiracy to defraud the United States, obstruction of an official proceeding and anti-rights conspiracy.

In the classified documents case, he is accused of willful withholding of national defense information, conspiracy to obstruct justice, lying to investigators and withholding documents in connection with a federal investigation.

“The idea that you can win an election to escape justice is so counter to my expectations of our legal system and our politics as well,” said Joyce Vance, former U.S. Attorney and NBC News contributor. “But the voters have spoken, and that’s where we are.”

She added that it was never a foregone conclusion that Trump would be convicted — it would be up to a jury.

“What deeply disturbs me is that he avoided the essential of American justice: letting a jury decide on the basis of the evidence.”

For more on this story, tune in to NBC Nightly News with Lester Holt tonight at 6:30 p.m. ET/5:30 p.m. CT or check your local listings.