Special Counsel Jack Smith officially resigned from the Department of Justice on Friday, according to a court filing, marking the end of his tenure amid ongoing legal disputes concerning the release of his investigative reports on former President Donald Trump.
Smith’s resignation comes after he submitted a two-volume final report to Attorney General Merrick Garland earlier this week. While Garland has confirmed the existence of the report, he has stated that the section concerning the investigation into the mishandling of classified documents will not be made public due to pending legal considerations.
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Smith’s report focuses on two major investigations: alleged attempts to overturn the 2020 presidential election and the mishandling of classified documents after Trump left office. The release of the report has been a contentious issue, with ongoing legal disputes in federal court.
The U.S. Department of Justice has opposed motions to block the report’s release, citing public interest and the attorney general’s prerogative to manage the dissemination of such documents. A temporary injunction had delayed the public release, but the Justice Department is appealing the decision.
Smith’s office had already begun winding down operations in recent weeks, transferring outstanding legal matters to other attorneys within the Department of Justice. Notably, Smith dismissed two federal criminal cases against Trump following the former president’s return to office, citing constitutional immunity concerns.
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Smith’s resignation aligns with expectations, given the conclusion of his investigations and the submission of his final report.
The report’s first volume, which focuses on the election interference investigation, may be released publicly if the injunction is lifted. However, the second volume, which addresses the classified documents case, is being withheld due to its potential impact on ongoing appeals and related cases.
Defendants Waltine Nauta and Carlos De Oliveira, associates of Trump named in the classified documents investigation, have sought further legal relief to block the report’s release, arguing it could prejudice their cases. However, the Justice Department contends that the release is in the public interest and does not violate the defendants’ rights.
The Justice Department emphasized that the attorney general has the authority to determine whether to release reports from subordinate officials. Officials have argued that blocking the release of the report undermines transparency and accountability, particularly in high-profile cases involving public officials.
In their filings, Justice Department lawyers pointed out that Special Counsel Smith acted under the full legal authority of the department, and his findings remain critical to maintaining public trust in the justice system.
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