Jack Smith, the special counsel appointed by Attorney General Merrick Garland in November 2022 to oversee two investigations involving then-President-elect Donald Trump, has officially resigned. This was revealed in a Justice Department filing on Saturday, confirming Smith left the department on January 10, 2025.
Smith was tasked with investigating Trump’s actions following the 2020 presidential election and his handling of classified documents after leaving office. Both cases led to criminal charges against Trump, who pleaded not guilty and denied any wrongdoing. However, after Trump won the presidential election in 2024, both cases were closed as Justice Department rules prohibit prosecuting a sitting president.
Before resigning, Smith submitted a two-volume report on his investigations to Attorney General Garland on January 7. The first volume focuses on Trump’s actions following the 2020 election, while the second deals with the classified documents case. Defense attorneys for Trump’s associates, Walt Nauta and Carlos de Oliveira, have requested federal courts to block the release of these reports, arguing it could harm their ongoing legal cases.
Judge Aileen Cannon initially barred the Justice Department from releasing the classified documents volume of the report, and the department has since agreed not to make it public until the case is entirely resolved. Instead, it will be shared only with selected members of Congress. However, there is an ongoing legal dispute over the release of the other volume of the report, which details Smith’s investigation into Trump’s post-election actions.
Trump’s legal team has also written to Attorney General Garland, requesting that Smith be removed and the report withheld from public release. Defense attorneys and Trump’s team argue that releasing the report could prejudice the cases of Nauta and de Oliveira.
Currently, the report remains sealed, as Judge Cannon ordered the Justice Department to hold off on its release until at least Sunday. The 11th Circuit Court of Appeals recently denied a request from Trump’s codefendants to further block the release of the report. However, defense attorneys have now asked Judge Cannon to extend her order to keep the report private, a move opposed by the Justice Department.
The situation remains unresolved, with the Justice Department aiming for transparency while defense teams seek further restrictions.
