Special counsel Jack Smith resigns as fight to block Trump report continues

January 13, 2025

Craig Nigrelli, Anchor

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Special counsel Jack Smith resigned from the Department of Justice after concluding investigations into two criminal cases involving President-elect Donald Trump. His resignation ends a contentious chapter in the Justice Department’s efforts to prosecute a former president.

Smith, a former war crimes prosecutor, led investigations into Trump’s handling of classified documents and alleged attempts to overturn the 2020 election. Both cases faced significant legal setbacks.

A Trump-appointed federal judge in Florida dismissed the classified documents case, citing issues with Smith’s appointment. Separately, the Supreme Court ruled that former presidents have broad immunity for actions taken while in office, which stalled the election-related case.

Smith’s departure became public in a DOJ court filing on Saturday, Jan. 11, where officials also sought to overturn an order from U.S. District Judge Aileen Cannon temporarily blocking the release of Smith’s final report.

Cannon, also appointed by Trump, restricted the Justice Department from sharing findings related to the investigations. The DOJ argued that the judge overstepped her authority and filed an emergency motion with a federal appeals court to reverse the order.

Jack Smith’s final report

Before stepping down, Smith submitted his final confidential report to Attorney General Merrick Garland on Jan. 7.

The Justice Department plans to release portions of the report related to the election investigation but will withhold sections on the classified documents case due to ongoing legal proceedings involving Trump associates.

Trump’s November election victory complicated the cases further, as DOJ policy bars the prosecution of a sitting president. Smith dropped both cases but defended their merits, citing “unprecedented circumstances” in court filings.

Throughout the investigations, Trump denied wrongdoing, labeling the probes politically motivated. Following Smith’s resignation, Trump criticized him for achieving “nothing” and accused him of targeting political opponents.

Garland appointed Smith in 2022 to ensure independence in the investigations. Smith, known for prosecuting war crimes at The Hague and high-profile corruption cases, brought charges against Trump that marked the first federal criminal cases against a former U.S. president.