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Smith's Resignation and Trump Cases

Special Counsel Jack Smith plans to resign before President-elect Trump's inauguration, leaving the fate of his final report and ongoing investigations uncertain.

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United States

PoliticsJusticeUs PoliticsElectionInvestigationLaw

Justice DepartmentSupreme Court

Jack SmithDonald TrumpMerrick Garland

What are Special Counsel Jack Smith's plans regarding his position?: Special Counsel Jack Smith and his team are planning to resign before President-elect Donald Trump takes office. This decision comes as Smith's office evaluates the best way to conclude its work on the two outstanding federal criminal cases against Trump, considering the Justice Department's position against charging a sitting president.
What happened to the classified documents case against Donald Trump?: In July, a federal judge dismissed the classified documents case against Trump, citing the illegality of Smith's appointment; this decision is currently under appeal. Despite Smith's initial intention for a swift trial, Trump's legal team successfully delayed proceedings in both cases.
What is the status of any potential future prosecution of co-conspirators?: While the election-interference case focuses on Trump, the possibility of future legal action against unnamed co-conspirators remains open. There is no Justice Department norm preventing prosecution of alleged conspirators connected to an incoming president, even with the potential for a pardon.
What is the current status of the election interference case against Donald Trump?: The election interference case against Trump moved forward until his re-election, when a federal judge granted an extension until December 2nd to decide how to proceed. The case was previously hampered by appeals, a Supreme Court ruling granting Trump immunity for some acts as president, and a subsequent re-tooled indictment.
What is the key question regarding the outcome of Special Counsel Jack Smith's investigation?: The main question now is whether Smith's final report, detailing his charging decisions, will be made public before Inauguration Day. Justice Department regulations require a confidential report to Attorney General Merrick Garland, who then decides on public release; the next Attorney General could also influence this decision.

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