Special Counsel Jack Smith has officially resigned from the Department of Justice (DOJ) as of Friday, marking the end of his tenure that oversaw investigations into former President Donald Trump. Smith’s resignation was disclosed in a recent court filing, as the DOJ faces a legal standoff concerning the release of Smith’s comprehensive report on Trump’s attempts to overturn the 2020 presidential election and the alleged mishandling of classified documents.
Final Report Sparks Legal Dispute
Earlier this week, Smith submitted his two-volume report to Attorney General Merrick Garland, detailing his investigations. While Garland has indicated that the portion of the report concerning the classified documents case will not be made public immediately, he has expressed that it should eventually be disclosed.
The report’s public release has become a contentious issue. The DOJ is locked in a court battle with Trump and his former co-defendants, who seek to prevent the report’s publication. The urgency of the matter is underscored by the approaching January 20 presidential inauguration, with Trump set to return to the White House.
The DOJ’s recent court filing highlighted that Smith’s office had been in a wind-down process for weeks. His team had already transferred an ongoing appeal regarding the powers of the special counsel’s office to other DOJ attorneys and dismissed two federal criminal cases against Trump following the outcome of the 2024 presidential election.
Garland’s Plans for Congressional Access
Garland has taken steps to provide confidential access to Congress for parts of the report, particularly the segment concerning the classified documents case. However, legal challenges persist. Judge Aileen Cannon, who previously dismissed charges against Trump on constitutional grounds, has temporarily halted the report’s release. The temporary hold is set to expire on Sunday evening, though the former defendants have requested an extension.
In a significant development, an appeals court on Friday rejected Trump’s request to keep the report sealed. The DOJ has since appealed Cannon’s hold order, seeking clarity on whether parts of the report can be released to the public as early as Sunday or Monday. Cannon has requested additional information from the DOJ regarding the report’s contents and whether they relate to the classified documents case.
Historical Context of Smith’s Appointment
Smith’s appointment as special counsel by Garland in November 2022 came after Trump announced his re-election campaign. His task was to oversee both the classified documents investigation and the election subversion inquiry. Smith, a former federal prosecutor and war crimes investigator at The Hague, brought charges against Trump in both cases during 2023.
However, both prosecutions encountered significant legal setbacks. The Supreme Court’s ruling on presidential immunity in the election subversion case raised the threshold for prosecuting a former president for official acts. Following the 2024 election results, the cases against Trump were dismissed, largely due to his re-election and the implications of presidential immunity.
Trump’s Legal Strategy and Congressional Investigations
Trump and his allies have publicly stated their intention to investigate the special counsel probes once in office. His defense team has been vocal in court filings, arguing that Smith’s report should not be released due to concerns over prejudicial impact on his former co-defendants.
Two of Trump’s former co-defendants, Walt Nauta and Carlos DeOliveira, have argued that the report should not be shared with Congress or the public. They claim that the report’s release could influence future proceedings if the prosecution against them, dismissed by Cannon, is revived on appeal.
In response, the DOJ has countered by pointing to Garland’s discretion in managing the report’s release. DOJ lawyers emphasized that under Garland’s plan, members of Congress granted access to the report would be prohibited from publicly sharing its details.
What’s Next for the Report?
The report’s potential release remains a critical issue. If not blocked by the courts, it may act as Smith’s final word on the investigations into Trump. Beyond the court battle, there are other potential avenues for the report’s disclosure:
Congressional access could prompt further steps toward public release.
Freedom of Information Act (FOIA) requests could lead to additional litigation aimed at obtaining details from the report.
The DOJ’s stance underscores the delicate balance between legal transparency and political sensitivity. Trump’s return to power complicates matters further, especially as members of his legal team are expected to be appointed to key DOJ roles.
As the weekend approaches, all eyes remain on Judge Cannon’s decision and the DOJ’s next steps in what has become a high-stakes legal battle over the legacy of Jack Smith’s investigations.
Discuss in The Ken dot Live Forums: https://forum.theken.live/threads/doj-grand-poobah-jack-smith-resigns.39/
