Special Counsel Jack Smith has completed his work on two criminal investigations involving President-elect Donald Trump and resigned from the Justice Department on Friday.
News of Smith’s resignation was included in a footnote of a court filing submitted by Justice Department officials to U.S. District Judge Aileen Cannon on Saturday. The filing urged Cannon not to extend a temporary court order she issued last week, which blocked the release of the final report Smith submitted to department leaders on Tuesday.
Justice Department officials argue that Cannon’s order exceeded her authority and that she lacks the power to prevent Attorney General Merrick Garland from releasing Smith’s findings. The current ban on releasing the report is in place until Monday.
Garland has stated that he plans to make public only the part of Smith’s report related to his investigation into Trump’s efforts to undermine the 2020 election. Garland also indicated that, following Smith’s recommendation, the section on Trump’s handling of classified documents at Mar-a-Lago after leaving office would remain private due to ongoing efforts to revive a criminal case against Trump’s allies.
Smith’s resignation, which had been expected, marks the conclusion of one of the most remarkable and turbulent periods in Justice Department history, culminating in serious criminal charges against Trump, the first former president to face prosecution.
However, both of Smith’s investigations faced setbacks in the courts. Cannon dismissed the document case in July, claiming Garland had no authority to appoint Smith, and the Supreme Court delayed the 2020 election case, which eventually resulted in a ruling granting Trump broader presidential immunity.
The cases were ultimately ended by Trump’s election to a second term. Smith ceased pursuing both prosecutions after Trump’s victory, following the Justice Department’s policy against prosecuting a sitting president, which allowed him to submit his final report to Garland.
Intense legal battles over the release of Smith’s report have continued, with Justice Department officials requesting the 11th Circuit Court of Appeals to lift Cannon’s temporary hold. The matter remains unresolved, and while Garland has indicated he plans to release the portion of the report concerning the 2020 election, he is waiting until the court order blocking the release expires. The 11th Circuit has not indicated when it will act to resolve the issue.
