Ministry of Justice Special Advisor Jack Smith is expected to resign before President-elect Trump’s inauguration in January, The New York Times reported, citing sources familiar with the matter.

Smith aims to bring to a end his lawsuit against Trump and resign before the new president takes office, in order to preempt the Republican’s promise to fire him “within two seconds.”

Trump pointed to a Supreme Court immunity ruling this summer that broadened the criteria so that official presidential conduct cannot be prosecuted even after a president is no longer in office.

Smith assessed how to end both the 2020 election interference case and the separate classified documents case before Trump took office, Fox News reported last week.

Longstanding Justice Department policy states that sitting presidents cannot be prosecuted while in office.

SPECIAL ADVISOR JACK SMITH ASKS TO DROP TRUMP ELECTION INTERFERENCE CASE

Special Counsel Jack Smith arrives to deliver remarks on a newly unsealed indictment including four counts against former President Donald Trump, August 1, 2023, in Washington, DC. (Drew Angerer/Getty Images)

Smith filed a motion Friday seeking to overturn all deadlines in the 2020 election interference case against Trump in Washington, D.C., a move that was widely expected but falls short of completely dropping the case against him. He said Friday that his team plans to provide an updated report on the official status of the case against Trump on Dec. 2.

Smith is required under DOJ regulations to submit a report of his findings and an explanation of the charges that the prosecutor considered and ultimately filed — even though neither case has gone to trial.

Special Counsel Jack Smith speaks to the media at the Department of Justice building in Washington, DC, August 1, 2023. (SAUL LOEB/AFP via Getty Images)

Under a tight schedule, it is unclear whether Attorney General Merrick Garland would make this report public before the end of President Biden’s term or defer to the incoming Trump administration, according to the Times.

Sources familiar with the matter told the Times that Smith had no intention of dragging his feet and had informed career prosecutors and FBI agents on his team, not directly involved in preparing the report, that they could plan their departure in the coming weeks.

JUSTICE DEPARTMENT SEEKS TO END TRUMP’S CRIMINAL CASES BEFORE INAUGURATION

In his Friday filing, Smith said he needed a month “to evaluate this unprecedented circumstance and determine the appropriate course of action, consistent with Department of Justice policy.”

Special Prosecutor Jack Smith speaks to reporters after his grand jury issues new indictments against former President Trump in Washington, DC (Bill O’Leary/The Washington Post via Getty Images)

CLICK HERE TO GET THE FOX NEWS APP

The House Judiciary Committee is concerned that Smith and prosecutors involved in the investigations will “purge” the records to circumvent surveillance and demands that they produce all documents related to the investigations to Congress by the end of the month, Fox News Digital previously reported.

Fox News’ Breanne Deppisch, Brooke Singman and Associated Press contributed to this report.