According to US media reports, the US Department of Justice is negotiating with the office of special prosecutor Jack Smith about dropping the two federal cases against President-elect Donald Trump that he is overseeing.

Last year, Mr. Smith filed charges against Trump over his alleged misuse of classified documents and his alleged role in trying to thwart the transfer of power after the 2020 presidential election.

But the Justice Department has long had a rule that sitting presidents cannot be prosecuted — which would apply when Trump returns to office in January.

Trump said on the campaign trail that he would fire Mr. Smith “in two seconds” if he returned to office.

According to the BBC's US partner, CBS NewsAt issue are rules preventing sitting presidents from being prosecuted and the need for a smooth transition between the outgoing Biden administration and Trump, according to two sources close to the talks.

The decision not to proceed with federal trials before Trump's inauguration in January would also prevent a showdown between the new president and the Justice Department, the Associated Press reported.

Mr. Smith was appointed by Attorney General Merrick Garland in November 2022.

The two indictments brought by Mr. Smith allege that Trump conspired to overturn the 2020 election results in the lead-up to the Capitol insurrection on January 6, 2021, as well as storing top-secret records at his Mar-a-Lago estate in Florida and obstructing the Accused of FBI efforts to recover them.

The secret documents case is currently pending before the Court of Appeal after a The US judge dismissed it on the grounds that Mr Smith was improperly appointed by the Ministry of Justice. Mr Smith appealed the verdict and the case is currently pending.

Prosecutions for election interference were put on hold after the U.S. Supreme Court ruled so Presidents enjoy a certain level of immunity from criminal charges related to official acts. Mr. Smith's team revised the indictment in August It shows that the actions alleged in the indictment were committed by Trump as a political candidate.

The two parties in this case are currently discussing whether the charges will stand.