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The resignation comes amid an ongoing legal battle to prevent Attorney General Merrick Garland from releasing Smith's report on his investigations into former President Donald Trump's attempts to overturn the 2020 presidential election and his alleged mishandling of classified documents after leaving office.
Smith submitted his final, two-volume report to Garland on Tuesday. While Garland has expressed his intention not to immediately release the portion of the report addressing the classified documents investigation, he has indicated it should eventually be made public.
For weeks, Smith’s office has been winding down operations, making his resignation prior to Trump’s return to office unsurprising. Smith’s team had already completed its report, transferred an ongoing appeal concerning the special counsel’s powers to other DOJ attorneys, and dismissed two federal criminal cases against Trump following his reelection.
Garland has informed congressional leaders of his plan to grant confidential access to the section of the report on the classified documents case. This development marks a critical window for Garland's commitment to transparency as Trump prepares for his inauguration on January 20.
Meanwhile, the Justice Department remains locked in court disputes with Trump and his former co-defendants over the potential public release of Smith’s report. On Friday, an appeals court rejected Trump’s request to block the report's publication. However, a temporary hold issued by Judge Aileen Cannon remains in effect, with the DOJ seeking its removal. If the hold is not extended, the DOJ may release Volume 1 of the report as early as Sunday or Monday.
Judge Cannon has requested additional details from the DOJ about Volume 1, including whether it pertains to the classified documents case. On Sunday morning, the DOJ responded, asserting that the volume focuses solely on the 2020 election investigation and only briefly references the classified documents case without substantive overlap. Cannon is expected to review the relevant text confidentially.
Appointed by Garland in November 2022, Smith led the investigations into Trump’s handling of classified documents and alleged election subversion after Trump announced his reelection campaign. A former federal prosecutor and war crimes investigator at The Hague, Smith brought charges against Trump in both cases in 2023. However, legal setbacks and Trump’s reelection ultimately led to the dismissal of these prosecutions.
Smith’s tenure leaves behind a significant Supreme Court ruling on presidential immunity in the election subversion case, which established a high threshold for prosecuting former presidents for official acts.
Trump celebrated Smith’s resignation on Truth Social, calling him “a disgrace to himself, his family, and his Country.” In another post, Trump declared, “The stench of Deranged Jack Smith and his thugs is GONE… He accomplished nothing except exposing my opponents as losers!”
Trump and his allies in Congress have publicly discussed plans to investigate the special counsel probes. Smith’s report could serve as a final account of his findings and legal rationale. Even if the current court battle prevents its release, Congress, Freedom of Information Act requests, or related litigation could eventually make portions of the report public.
Trump’s former co-defendants, Walt Nauta and Carlos De Oliveira, argue that the report’s release would prejudice any future revival of the dismissed cases against them. The DOJ has countered by citing Garland’s decision not to release the report publicly and emphasizing that any congressional access to it would be strictly confidential.
Trump and his allies further claim that Judge Cannon’s ruling disqualifying Smith invalidates the report and bars Garland from releasing it. The outcome of this legal and political tug-of-war will determine whether Smith’s findings see the light of day.
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