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Jack Smith, the special counsel appointed in November 2022 to lead two Justice Department investigations into then-President-elect Donald Trump, has officially stepped down.

 The revelation came through a Justice Department court filed on Saturday, January 10, detailing Smith's resignation and its implications for the ongoing legal proceedings.

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Jack Smith’s Appointment

Attorney General Merrick Garland appointed Jack Smith as special counsel to oversee two DOJ driven investigations into Donald Trump. 

This appointment is in dispute since it did not go through the normal special council approval process.

The first focused on Trump’s actions following the 2020 presidential election, while the second centered on his handling of classified documents. Both investigations led to criminal charges against Trump, who has consistently pleaded not guilty and denied any wrongdoing.

Several former Presidents, as well as former VP Pence have retained classified documents. The list even includes President Joe Biden for retaining classified documents from when he was Vice President.  Biden shared the documents with his biographer.

Since the Supreme Court ruling that a President has broad immunity for actions taken as a sitting President both prosecutions are in dispute. And the charges are being litigated.

Smith’s tenure as special counsel concluded following Trump’s presidential election victory in 2024. Prosecutors cited Justice Department regulations prohibiting the prosecution of a sitting president as the reason for closing the cases.

Jack Smith has Two-Volume Report

Smith’s investigations culminated in a two-volume report submitted to Attorney General Garland on January 7, 2025. 

The first volume addressed Trump’s alleged efforts to overturn the 2020 election, while the second focused on the classified documents case. However, the release of these findings has been a point of contention between Justice Department officials and defense attorneys.

In court filings, the Justice Department disclosed that Garland has decided not to release the second volume of Smith’s report.

It deals with the classified documents case, until all related criminal proceedings against Trump’s co-defendants Walt Nauta and Carlos de Oliveira have concluded. Instead, this volume will be shared with a select group of Congressional members.

Legal Challenges 

Attorneys representing Trump’s co-defendants have actively sought to block the release of any portion of Smith’s report, arguing that it could prejudice their cases. Judge Aileen Cannon initially sided with the defense, issuing an order barring the Justice Department from releasing the report. Despite these efforts, the 11th Circuit Court of Appeals in Atlanta rejected the defense’s bid to extend the order.

According to court filings, Trump's attorneys had also requested Garland to remove Smith from his position and to prevent the release of the report altogether. 

A letter submitted to Garland on January 8, 2025, included a direct appeal from Trump’s legal team:

"Because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly. If Smith is not removed, then the handling of his report should be deferred to President Trump's incoming attorney general, consistent with the expressed will of the People," the letter stated.

Justice Department’s Position 

 Regulations require special counsels to submit reports detailing their findings and prosecutorial decisions to the attorney general. Garland has pledged to release all such reports to the public, including those related to investigations into President Biden’s handling of classified documents.

The first volume of Smith’s report, focusing on the 2020 election investigation, is expected to be submitted to Congress and made public. Prosecutors maintain that the president-elect has no grounds to block the public release of this volume, which documents efforts to overturn the election results.

For now, the release of Smith’s report remains in limbo. Judge Cannon’s initial order prevents its publication until at least Sunday, with defense attorneys continuing to seek extensions to keep the findings under wraps. The Justice Department has strongly opposed these delays, arguing that the public has a right to access the information.