Special Counsel Jack Smith Resigns Amid Legal Disputes Over Trump Report
In a notable development, Special Counsel Jack Smith has stepped down from the Department of Justice following the submission of his report on President-elect Donald Trump. Smith’s resignation was anticipated, as legal proceedings continue to determine how much of the document can be revealed to the public.
The Justice Department made Smith’s resignation public in a court filing on Saturday, confirming his departure occurred the previous day. This move comes just 10 days before Trump is set to be inaugurated, and follows the termination of two unsuccessful criminal cases against Trump that were dropped after his electoral victory in November.
Debate Surrounds Release of Investigative Report
Central to the current legal debates is a two-volume report compiled by Smith and his team. The report addresses investigations into Trump’s attempts to overturn the 2020 election results and his retention of classified documents at Mar-a-Lago.
While the Justice Department intends to disclose the report during the closing days of the Biden administration, a judge appointed by Trump has temporarily impeded its release. The defense, including Trump’s legal team, argued for a halt, claiming the report might prejudice ongoing cases involving Trump associates Walt Nauta and Carlos De Oliveira.
Justice Department’s Position
The Justice Department has agreed to withhold the volume concerning classified documents until proceedings against Nauta and De Oliveira are resolved. Despite U.S. District Judge Aileen Cannon dismissing the case last July, an appeal from Smith’s team regarding the co-defendants remains unresolved.
However, prosecutors plan to proceed with releasing the election interference volume. They filed an emergency motion requesting the 11th U.S. Circuit Court of Appeals to remove the injunction preventing any part of the report from being published. Cannon was informed on Saturday that she lacked the authority to block the report’s release, prompting her to order additional briefings by Sunday.
Court Rulings and Appeals
The appeals court recently denied an emergency request from the defense to stop the release of the election interference report. This report details Trump’s actions before the January 6 Capitol riot in an effort to reverse the 2020 election outcome. However, Cannon’s injunction still requires a three-day waiting period post-appeals court resolution before any findings can be published.
The Justice Department criticized Cannon’s order as “plainly erroneous,” underscoring the Attorney General’s authority to decide on the release of investigative reports.
Precedents for Public Release of Special Counsel Reports
Traditionally, reports by special counsels are released publicly, regardless of the topic. This practice was followed during Trump’s term, when Attorney General William Barr released a report on Russian interference in the 2016 election. Similarly, Attorney General Merrick Garland has made special counsel reports about classified information handling by Biden public.
