Two people with knowledge of the situation told NBC News that this step is in line with Justice Department policy, which states that a president cannot be prosecuted while in office.

NBC News reports that Justice Department officials are evaluating ways to close the two federal criminal prosecutions against Donald Trump, before he assumes office. This is to adhere to a long-standing policy of the department which states that a president cannot be prosecuted while in office.

The recent discussions contrast with the legal position of Special Counsel Jack Smith who, in recent weeks, took significant steps against Trump in the case of election interference without regard to electoral calendar.

Sources say that DOJ officials are now aware that a trial in the Jan. 6, 2016 case, or in the classified documents case is not likely to happen anytime soon. Both cases are enmeshed in legal issues which would prompt an appeal to the Supreme Court even if Trump lost the election.

The people stated that now that Trump is set to become president once again, DOJ officials do not see any reason to continue to litigate either criminal case against Trump — or to even pursue it in the weeks leading up to his inauguration.

Chuck Rosenberg is an NBC News Contributor who said, “This was sensible, inevitable, and unfortunate.”

The way Trump’s legal woes have unfolded in the last year is unprecedented, both with regard to the criminal charges as well as his overwhelming election victory.

Sources said that Smith will decide how to unravel the charges. Many questions remain unanswered. Would the prosecutions be able to resume once Trump leaves office, or would they have expired? What happens to evidence? What about the other two defendants accused of helping Trump conceal classified documents? Will the special prosecutor write a report as they usually do?

All these issues, according to the sources, require research and study.

Trump’s legal team, meanwhile, is weighing up its next steps to settle the federal cases that are still pending in his favor after he was projected as the winner of the elections. According to a source familiar with the discussions, the ultimate goal is to eliminate all federal and state cases. The strategic decision is on how to achieve that task.

If, for instance, the Trump side moved again in court in Washington to dismiss the charges related to election interfering, the Justice Department’s legal response could explain its position regarding not moving forward with this case.

Trump’s New York criminal trial presents different challenges, with a felony and sentencing scheduled for November 26. Trump’s team wants to postpone the case indefinitely, or dismiss it.

The Georgia election interference case against Trump is still pending on appeals relating to ethical issues involving the district attorney.

Steven Cheung, spokesman for the Trump campaign, said in a press release that “the American people have reelected President Trump and given him an overwhelming mandate to make America great again.” It is clear that Americans are eager to put an end to the weaponization in our justice system. As President Trump stated in his historic address last night, we can unify the country and work together towards the betterment of the nation.

The DOJ’s view on Trump’s federal case stems from a memo written by the Justice Department Office of Legal Counsel in 2000, which confirmed a Watergate era conclusion that prosecuting a president while he is still in office would “unduly interfer[e] directly or formal with the conduct of the presidential presidency.”

The memo stated that “in light of the impact an indictment could have on the operation of the executive branch of government, a proceeding to impeach a president while in office is the only way to handle he situation.”

Trump’s election victory on Tuesday has a practical reality: he will likely never face any legal consequences for the federal criminal charges that career Justice Department prosecutors and career FBI agents brought against him.

Some commentators said that the accusations were more serious than Richard Nixon’s conduct during the Watergate Scandal, which cost him the presidency and banished him from politics.

In the case accusing Trump that he conspired to illegally overturn 2020 elections, he was charged with conspiracy to cheat the United States, obstruction to an official proceeding, and conspiracy against rights.

In the case of classified documents, he has been charged with willful storage of national defense data, conspiracy to obstruct Justice, lying to investigators, and withholding documents during a federal investigation.

“The idea you could win an elections to avoid justice is so far from what I expect of our legal system, and also for our politics,” said Joyce Vance. She was a former U.S. Attorney and NBC News Contributor. “But the voters spoke, and this is where we are.”

She said that the jury would decide whether Trump was convicted.

What bothers me is that he has avoided the quintessential American justice — letting the jury decide based on evidence.”