Jack Smith Resigns as Special Counsel Amid Controversy Over Trump Investigations

• Jack Smith resigns from the DOJ after leading two criminal cases against Donald Trump.
• Report on classified documents case delayed as Judge blocks its release pending appeal.
• Trump avoids trial for federal cases and prepares to take office with a felony conviction.

The special counsel who oversaw two federal criminal cases against Donald Trump, Jack Smith has officially resigned from the Department of Justice (DOJ) ahead of the president-elect’s inauguration later this month.

According to a court filing submitted on Saturday, Smith “separated from the Department” on Friday. CBS News, a US media partner of the BBC, had reported in November that Smith planned to resign after completing his work.

Smith’s resignation coincides with an ongoing controversy surrounding the release of his report on the investigation into Trump’s alleged mishandling of classified documents.

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Appointed in 2022, Smith was tasked with leading two high-profile Justice Department cases involving Trump: one concerning the alleged retention of classified materials and another investigating potential interference in the 2020 presidential election results. Both cases resulted in criminal charges against Trump, who pleaded not guilty, dismissing the prosecutions as politically motivated.

These cases were closed last year after Trump’s presidential election victory. Prosecutors cited Justice Department regulations that prohibit the prosecution of a sitting president. Smith’s departure ensures he exits the DOJ without either of the cases proceeding to trial.

In November, CBS reported that Smith’s resignation was anticipated, enabling him to step down without the risk of being dismissed by Trump or the incoming administration’s attorney general.

Earlier this week, US District Judge Aileen Cannon, who presided over the classified documents case and controversially dismissed it last July, temporarily blocked Smith and Attorney General Merrick Garland from releasing the report. Trump’s legal team had received a draft of the report last weekend, with a public release initially expected by Friday.

Judge Cannon’s ruling followed an appeal by lawyers representing Trump’s former co-defendants, Walt Nauta and Carlos de Oliveira, who had pleaded not guilty. Cannon’s order postponed the release until the Eleventh Circuit Court of Appeals in Atlanta could consider the emergency appeal.

Under federal law, special counsels are required to submit their investigative findings to the DOJ, led by the attorney general. Garland has pledged transparency in releasing such reports and has adhered to this commitment so far.

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Trump’s legal team argued that Smith lacked the constitutional authority to produce the report, claiming his appointment was politically biased. They also urged Garland not to release the findings, framing the investigation as an example of justice system “weaponization.”

In a separate case, a judge on Friday sentenced Trump to an “unconditional discharge” regarding hush money payments, sparing him jail time and fines. Despite this, Trump will assume office as the first US president with a felony conviction.

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