U.S. Special Counsel Jack Smith, known for his role in the federal cases against Donald Trump regarding the efforts to overturn the 2020 election defeat and the mishandling of classified documents, has officially resigned as the Republican president-elect prepares to return to the White House.
Smith’s resignation was announced on Friday through a court filing submitted to U.S. District Judge Aileen Cannon, requesting the lifting of a court order that had blocked the release of his final report.
The notice of Smith’s resignation was included in a footnote within the filing. It stated that the Special Counsel had completed his work, submitted his final confidential report on January 7, and had “separated” from the Justice Department on January 10.
A former war crimes prosecutor, Smith was instrumental in two of the four criminal cases that Trump faced after leaving office. However, these cases faced significant obstacles, including a dismissal by a Trump-appointed judge in Florida and a ruling by the U.S. Supreme Court, which found that former presidents enjoy broad immunity from prosecution for actions taken while in office. Consequently, neither case proceeded to trial.
Following Trump’s victory over Democratic Vice President Kamala Harris in the November 5 election, Smith opted to drop both cases, referencing a long-standing Justice Department guideline against prosecuting sitting presidents. In his motions to dismiss the charges, Smith’s team defended the legitimacy of the cases, indicating that the only reason for their untenable status was Trump’s impending return to the White House.
Smith’s departure marks a significant moment in the dwindling criminal cases against Trump, raising the possibility that these cases may conclude without any legal repercussions for the incoming president. This scenario has ignited a backlash that has contributed to Trump’s political resurgence.
Smith’s resignation from the Justice Department was anticipated. Trump, who has repeatedly branded Smith as “deranged,” has indicated that he would terminate Smith immediately upon taking office on January 20, and has hinted at potential retribution against Smith and others involved in the investigations against him once he resumes his presidential duties.
In 2023, Trump became the first sitting or former U.S. president to face criminal prosecution, beginning with charges in New York related to an alleged cover-up of hush money payments made during his 2016 presidential campaign. Following these charges, Smith accused Trump of unlawfully retaining classified materials after leaving office and attempting to overturn the 2020 election results—a campaign that incited the January 6, 2021, attack on the U.S. Capitol. Additionally, prosecutors in Georgia have charged Trump for his attempts to reverse the election outcome in that state.
Trump has consistently denied any wrongdoing, labeling the prosecutions as politically motivated assaults aimed at undermining his campaign. He has successfully raised millions in campaign contributions stemming from his courthouse appearances and has leveraged these cases to promote a compelling narrative that the political establishment is aligned against him and his supporters.
The Justice Department has defended these legal actions, asserting that they were conducted by career prosecutors who operated without political bias.
