Jack Smith, the special counsel responsible for leading two major federal criminal investigations against former President Donald Trump, has officially resigned from the Justice Department. His resignation took effect on Friday, ahead of the incoming administration’s transition later this month.
In a court filing submitted on Saturday, it was confirmed that Smith had “separated from the Department” on Friday. CBS News and other media outlets had reported in November that Smith was expected to step down after completing his work on the Trump cases.
Smith’s resignation comes at a critical time, amid ongoing disputes surrounding the release of his findings related to Trump’s handling of classified documents. Appointed in 2022, Smith was tasked with overseeing two key investigations into Trump: one concerning the alleged mishandling of classified materials and the other involving potential interference in the 2020 presidential election.
Both cases led to criminal charges against Trump, though he has consistently denied any wrongdoing, labeling the prosecutions as politically motivated. These cases were closed last year after Trump won the 2024 presidential election, with prosecutors citing Justice Department regulations that prevent the prosecution of a sitting president.
Smith’s departure comes as expected, as it allows him to leave his position without being dismissed by Trump or the new administration’s Attorney General. However, Smith’s exit leaves both criminal cases unresolved, as neither has yet seen trial.
Earlier this week, U.S. District Judge Aileen Cannon, who presided over the classified documents case, issued a temporary order preventing Smith and Attorney General Merrick Garland from releasing the final report on the case. This ruling followed a request from Trump’s co-defendants, Walt Nauta and Carlos de Oliveira, who are facing charges in the same case. Both men have pleaded not guilty.
The report was initially set to be released last week, but Judge Cannon’s decision to halt its release puts the matter on hold until the Eleventh Circuit Court of Appeals in Atlanta considers an emergency appeal from Nauta and de Oliveira’s legal teams.
By law, special counsels are required to submit their findings to the Justice Department, which, under Attorney General Merrick Garland, has committed to making such reports public once completed.
In addition to the ongoing classified documents case, Trump also recently avoided a jail sentence in a separate hush-money case, receiving an “unconditional discharge” from the court, meaning he will not face prison time or a fine. Despite this, he remains the first U.S. president with a felony conviction.
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