Special Counsel Jack Smith Resigns Ahead of President-Elect Trump's Inauguration
WASHINGTON — Special counsel Jack Smith has stepped down from the Justice Department, according to a court filing on Saturday.
Smith’s resignation was anticipated ahead of President-elect Donald Trump’s upcoming inauguration.
Smith’s investigation into Trump’s alleged involvement in efforts to interfere with the 2020 election is nearing its conclusion, with the report expected to be released soon. Trump has denied the allegations. According to the filing, “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 was part of a Justice Department request to U.S. District Judge Aileen Cannon, a Trump appointee, urging her not to extend a temporary order that blocks parts of Smith’s report from being released.
Trump had previously faced federal charges related to allegations that he attempted to overturn the 2020 election results. While he pleaded not guilty, the case was ultimately dismissed after Trump won the 2024 election. The Justice Department follows a long-standing policy against prosecuting a sitting president.
Smith, appointed by Attorney General Merrick Garland in November 2022, was tasked with overseeing investigations into Trump’s alleged efforts to overturn the 2020 election and the mishandling of classified documents. Garland stated at the time that the appointment of Smith was necessary “to ensure both independence and accountability” in highly sensitive matters, particularly as Trump had announced his candidacy and President Biden was expected to seek re-election.
In the classified documents case, Trump was indicted but pleaded not guilty. Judge Cannon dismissed the case in July 2024, ruling that Smith’s appointment and funding were unlawful.
The president-elect had been a vocal critic of Smith, vowing during his campaign to remove him from office. In October, Trump stated he would “fire him within two seconds” of assuming the presidency.
Earlier this week, a federal appeals court authorized the Justice Department to release Smith’s report on Trump’s alleged attempts to overturn the 2020 election. However, the court upheld a temporary three-day delay to allow Trump time to consider an appeal.
Judge Cannon issued an order on Saturday requiring the Justice Department to confirm by Sunday morning that the sections of Smith’s report addressing election interference do not reference Walt Nauta or Carlos De Oliveira, two co-defendants in the classified documents case. While the case against Trump was dismissed, Nauta and De Oliveira still face charges.
A spokesperson for Trump did not immediately respond to requests for comment.
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