Details: Smith's resignation statement was made amid a legal battle to prevent Attorney General Merrick Garland from releasing the special counsel's report on his investigation into former President Donald Trump's attempts to overturn the 2020 presidential election and potential mishandling of classified documents after Trump left office.
Smith submitted his final two-volume report to the Attorney General on Tuesday. Garland stated that he would not release part of the report concerning the investigation into classified documents, but believes it should ultimately be made public.
Smith's office has been in the process of winding down for several weeks, and his resignation before Trump takes office is not unexpected. In addition to finalizing his report and sending it to the Attorney General, Smith's team also referred an appeal regarding the special counsel's office's powers to other lawyers at the Department of Justice and closed two federal criminal cases against Trump due to his return to the presidency.
The Attorney General also informed congressional committee leaders that he intends to provide them with confidential access to Smith's report regarding the classified documents, making this weekend and the following week crucial for executing Attorney General Garland's transparency intentions.
Meanwhile, the Department of Justice is battling in court against Trump and his former co-defendants over whether Smith's report can be made public as time ticks down to the inauguration on January 20. Trump plans to appoint some members of his defense team, who have argued in court against the publication of the report, to high positions within the Department of Justice.
On Friday, the appeals court denied Trump and his allies' request to keep the report confidential. Since then, the Department of Justice has filed an appeal against the temporary injunction imposed by Judge Eileen Cannon on the release of the report, while the former defendants have asked her to extend this injunction, which would otherwise expire on Sunday evening.
As the legal proceedings continue, the Department of Justice may release the first volume of Smith's report to the public on Sunday or Monday. However, Cannon has requested that the Department of Justice provide her with additional information regarding the contents of the first volume and its relevance to the classified documents case by Sunday morning.
Smith was appointed by Garland to lead the investigation in November 2022, after Trump announced his campaign for re-election. Smith, a former federal prosecutor, had recently served as a prosecutor for war crimes in The Hague.
In 2023, he brought charges against Trump in both investigations, but they faced legal setbacks, and after Trump's victory, the newly elected president was sidelined.
The report may potentially serve as Smith's final word on what his investigations uncovered and their legal reasoning. Aside from the ongoing legal battle, there are other avenues for the report to become public. Congress may take steps to obtain the report or information from it. There is also the possibility of filing requests under the Freedom of Information Act and subsequent legal proceedings arising from those requests that could compel the disclosure of report details.
Trump's former co-defendants, Walt Nauta and Carlos De Oliveira, argue that the report should not be submitted to Congress or the public, as it could harm them if the charges against them, which Judge Cannon dismissed on the grounds that Smith's appointment was unconstitutional, are reinstated by the appeals court.
The Justice Department's new filing refutes this argument, pointing to Garland's decision not to release the report and noting that legislators granted permission to review it, according to Garland's plan, will be prohibited from sharing details from the report.
Trump and his allies also argue that Cannon's decision to disqualify Smith stripped him of the authority to write the report and prevents Garland from making it public.
Background:
- On November 25, Special Counsel Jack Smith filed a motion to dismiss the case against Donald Trump regarding interference in the results of the 2020 presidential election.
- In the case in question, Trump is accused of crimes related to attempts to influence the outcome of the 2020 election, which was won by Democrat Joe Biden. Earlier this month, Judge Tanya Chutkan paused the proceedings to give the special counsel time to explore the possibility of prosecuting Trump.
- Another federal criminal case regarding the improper storage of classified documents at Trump's residence was closed. The special counsel has appealed this decision, but its fate is now in question.
- Meanwhile, sentencing for Trump in the criminal case in New York, where he is accused of campaign finance violations related to payments made to adult film star Stormy Daniels, has been postponed indefinitely.
- Earlier, The Washington Post reported that Trump plans to use the Department of Justice to address personal matters.