Special Counsel Jack Smith formally resigned from the Department of Justice (DOJ) on Friday, a move revealed in a court filing as DOJ fights to release his final report on investigations into President-elect Donald Trump.
“The Special Counsel completed his work and submitted his final confidential report on January 7, 2025, and separated from the Department on January 10,” DOJ officials stated in a footnote included in a Saturday legal brief.
Smith's resignation comes amid intense legal challenges surrounding his investigations. Appointed in 2022 by Attorney General Merrick Garland, Smith oversaw high-profile probes into Trump’s alleged mishandling of classified documents at Mar-a-Lago and efforts to block the peaceful transfer of power following the 2020 election.
These cases became pivotal in Trump’s 2024 presidential campaign, which portrayed the investigations as politically motivated. While the DOJ filed historic charges against Trump in both cases, legal obstacles soon derailed progress.
Legal Setbacks and Controversy
In a major blow to the DOJ, Florida-based U.S. District Court Judge Aileen Cannon dismissed charges against Trump and two co-defendants — Mar-a-Lago valet Walt Nauta and property manager Carlos de Oliveira — ruling that Smith's appointment violated established legal precedent for special counsel oversight. The DOJ has appealed this decision for Nauta and de Oliveira, with the case now before the 11th Circuit Court of Appeals.
Additionally, Trump’s appeals in the January 6 election interference case reached the Supreme Court, which upheld a ruling that former presidents have broad immunity from prosecution for actions taken during their time in office.
The Fight Over Smith’s Report
Despite the legal hurdles, Smith was still tasked with drafting a comprehensive report summarizing his investigative findings. The two-volume report has become a focal point for those seeking accountability, but Trump and his co-defendants have moved to block its release.
Attorney General Garland indicated that the DOJ would withhold the Mar-a-Lago volume due to ongoing legal proceedings. However, the department plans to release the January 6 volume.
Judge Cannon intervened again, issuing a temporary order preventing the release of the report, despite DOJ arguments that her authority over the case had ended. The DOJ has requested the 11th Circuit strike down Cannon’s order, asserting that neither Nauta nor de Oliveira has a legitimate claim to block the January 6 report.
A Delicate Legal Standoff
Cannon's continued involvement has created a complex legal impasse. She ordered Nauta and de Oliveira to respond to the DOJ’s arguments by Sunday morning, potentially delaying the report’s release even further.
Meanwhile, Trump’s imminent inauguration complicates matters. Legal experts anticipate his administration will swiftly move to dismiss remaining charges against his co-defendants and shelve Smith’s findings indefinitely, preventing public disclosure of the final report.
.jpg)
