Special counsel Jack Smith and his team plan to resign before President-elect Donald Trump takes office, a source familiar with the matter said.

Smith’s office was evaluating the best path for winding down its work on the two outstanding federal criminal cases against Trump, as the Justice Department’s longstanding position is that it cannot charge a sitting president with a crime.

The New York Times first reported Smith will step down.

Before Trump’s re-election last week, Smith and his team had taken significant steps in their election interference case against Trump. After Trump’s victory, however, the federal judge overseeing the case said she would pause the process to allow the special counsel’s office time to decide how to proceed.