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.

 Legal experts have since weighed in on the matter. Most believe that Smith is likely to resign voluntarily, rather than face a forced dismissal.

Special Counsel Expenses: A Breakdown

Smith’s office expenses have become a significant point of interest, as funds continue to accumulate. As of March 31, 2024, known direct and indirect expenses totaled approximately $35.7 million.

Based on spending averages, the total is estimated to rise to $47.6 million by the end of September 2024, with additional reports pending.

Special Council Office expenditures are funded by 1) the Independent Council Appropriation available to fund SCO investigations. 

The Department of Justice also spent money supporting Smith's office which is not included in the Expenditure Statement. These indirect expenses almost double the direct expenses. And come directly from the DOJ. 

Indirect spending includes bodyguards for Jack Smith as well as, hours worked by DOJ agents and investigative support analysts. And any other required protective details for members of the Special Counsel.

Expenditure Summary by Periods

• November 18, 2022 – March 31, 2023

 Smith’s office incurred direct expenses of $5.4 million, covering salaries, benefits, and operational costs, while DOJ-supported indirect costs added $3.8 million. Together, the total for this period reached $9.2 million.

• April 1, 2023 – September 30, 2023

In the following six months, direct expenditures by Smith's office jumped to $7.4 million, and DOJ’s indirect support rose to $7.3 million. This brought the total expenditure to $14.6 million.

• October 1, 2023 – March 31, 2024

During this period, direct expenses stood at $6.6 million, and indirect DOJ spending reached $5.2 million. Together, this amounted to $11.8 million, pushing the cumulative total to $35.7 million by the end of March 2024.

Reports from the April to September 2024 period have not yet been released, but if spending remains consistent, expenses could reach around $47.6 million by the close of this reporting period. 

Freedom of Information Act (FOIA) Requests

Newsweek filed a Freedom of Information Act (FOIA) request with the DOJ on January 4, 2024, to obtain a more granular breakdown of Smith’s expenditures, including employment costs, travel expenses, and other specific spending.

The DOJ responded on January 10, citing "unusual circumstances" for the delay and suggesting consultation with the federal FOIA Ombudsman for further mediation services. 

Despite nearly ten months since this request, the DOJ has not provided further information, leaving journalists and the public in the dark about Smith’s spending details.

The situation underscores a larger issue around transparency and fiscal responsibility in high-profile federal investigations. 

Critics argue that understanding how taxpayer money is allocated for such prosecutions is critical, especially when the individual being investigated is a prominent public figure and political contender.

As the cost of prosecuting Trump continues to escalate, the DOJ’s expenditures will likely face even greater scrutiny, calling into question the balance between justice and accountability to taxpayers.