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On November 18, 2022, Jack Smith was appointed by Attorney General Merrick B. Garland to serve as the Special Counsel by DOJ Order No. 5559-2022.  In the two years since the investigation opened, Jack Smith's office has spent at least $50 million in its unsuccessful prosecution of Trump.

Garland appointed Smith to lead the federal investigations into former president Donald Trump, focusing on potential election interference and alleged mishandling of classified documents. 

This move aimed to create a layer of independence for the Department of Justice (DOJ) and the Biden administration, distancing them from accusations of partisan persecution.

 However, the financial costs of Smith’s work have drawn increasing attention, with the prosecution’s expenses already nearing $50 million—and likely closer to $60 million—by the time Trump could potentially take office on January 20.

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Prosecution of Trump

Jack Smith's tenure as special counsel has been marked by high-profile indictments against Trump. 

He indicted the former president on charges related to alleged election fraud, claiming Trump attempted to overturn the 2020 election results, and separately on charges of hoarding classified documents at his Mar-a-Lago estate in Florida. 

Trump has consistently pleaded not guilty to these charges and maintains that his actions were lawful.

The President of California-based West Coast Trial Lawyers, Neama Rahmani, said Smith's indictments have been a waste of money.

"Ultimately, Smith's prosecutions were a waste of taxpayer money. He got nowhere near trial on either case, and the election fraud indictments didn't reveal significantly more evidence than the January 6 Committee," he said.

Los Angeles-based attorney, John Perlstein, said Smith's expenditure "was a complete waste of resources."

He said the evidence in the election fraud case was vague and thin.”

"Government resources should be allocated more effectively, and I say this from the standpoint of someone who is not a supporter of Mr. Trump. All of those cases never made any sense to me. And now that they will seemingly be going away, that money was wasted," he said.

The prosecution’s work, never culminated in a trial, leaving open questions about the eventual outcome. 

Trump, in an October 24 interview with conservative radio host Hugh Hewitt, vowed that he would fire Smith "within two seconds" of taking office should he win the 2024 election.