(LOOTPRESS) – Special Counsel Jack Smith resigned from the Department of Justice (DOJ) on Friday, as legal battles intensify over the release of his final report detailing criminal investigations into President-elect Donald Trump. Smith’s departure, which occurred 10 days before Trump’s inauguration, was expected but only disclosed Saturday in a DOJ court filing.
Smith, appointed in November 2022 by Attorney General Merrick Garland, had previously indicated plans to step down before Trump took office. Trump had vowed to fire Smith if he remained in the role.
Confidential Report Submitted Before Departure
According to the DOJ filing submitted to U.S. District Judge Aileen Cannon, Smith completed his work and submitted a confidential report on January 7, 2025, just days before leaving his post. Judge Cannon, who was appointed by Trump, is currently overseeing a temporary order blocking the DOJ from releasing Smith’s findings on Trump’s efforts to overturn the 2020 election results.
“The Special Counsel completed his work and submitted his final confidential report on January 7, 2025, and separated from the Department on January 10,” the filing stated.
The DOJ has urged Cannon not to extend her order, which was issued last week. Trump’s former co-defendants in another criminal case have requested that the order remain in place, arguing against the release of portions of Smith’s report to Congress.
Late Friday, the DOJ filed an emergency motion with a federal appeals court, seeking to reverse Cannon’s order and expedite the release of Smith’s report.
Investigations and Charges Against Trump
Smith brought two criminal cases against Trump during his tenure.
1.2020 Election Interference Case
In Washington, D.C., Trump was charged with attempting to overturn the 2020 presidential election results after his loss to President Joe Biden.
2.Mar-a-Lago Documents Case
In Florida, Trump faced charges related to retaining classified documents at his Mar-a-Lago residence after leaving office in 2017. He was also accused of obstructing efforts to retrieve those documents.
•Trump’s valet, Walt Nauta, and Mar-a-Lago employee Carlos De Oliveira were co-defendants in the case, charged with helping Trump conceal the documents.
Last year, Judge Cannon dismissed the Mar-a-Lago case against Trump, ruling that Smith’s appointment as special counsel was unconstitutional. Smith appealed the dismissal, but the DOJ ultimately dropped both criminal cases against Trump following his victory in the 2024 election, citing its policy against prosecuting a sitting president.
Ongoing Legal Disputes
While the DOJ has ended its cases against Trump, it is appealing the dismissal of charges against Nauta and De Oliveira. Officials have stated they will not release sections of Smith’s report related to the Mar-a-Lago case while the appeal is pending or if new charges are filed against the co-defendants.
The DOJ maintains that Smith’s investigation into Trump’s interference in the 2020 election is crucial for public accountability. The agency has warned that delaying the release of Smith’s findings could have significant legal and political implications.
Looking Ahead
Smith’s resignation and the ongoing legal battles over his report come as the nation braces for Trump’s second term in office. The case underscores the contentious and unprecedented legal challenges surrounding a former president’s return to power.
