In a major development, U.S. Special Counsel Jack Smith has stepped down from his position at the Department of Justice (DOJ) as Donald Trump prepares to return to the White House as president-elect. Smith, who led federal cases against Trump on charges of attempting to overturn the 2020 election and mishandling classified documents, officially resigned on January 10, 2025.
Final Report Submitted
According to a court filing submitted to U.S. District Judge Aileen Cannon on Saturday, Smith announced his resignation after completing his work. The filing also requested the lifting of a court order that blocked the release of Smith’s final report, which was submitted on January 7, 2025.
Unprecedented Legal Challenges
Smith had initiated two of the four criminal cases against Trump, focusing on allegations of retaining classified documents and attempting to block the certification of the 2020 election results. However, both cases faced significant hurdles:
- A Trump-appointed judge dismissed the classified documents case.
- The U.S. Supreme Court, with three justices nominated by Trump, ruled that former presidents have broad immunity from prosecution for official acts.
These setbacks, combined with Trump’s November 5, 2024, election victory over Vice President Kamala Harris, led Smith to drop the cases. The DOJ cited its longstanding rule against prosecuting sitting presidents as the primary reason.
Smith’s Resignation and Fallout
Smith’s resignation highlights the challenges of holding Trump legally accountable. While his team defended the legitimacy of the cases, they acknowledged that Trump’s return to the presidency rendered them unviable.
Trump, who had publicly vowed to fire Smith upon taking office on January 20, 2025, celebrated the resignation. He also hinted at potential retribution against those involved in the investigations, further solidifying his narrative of political persecution.
A Polarizing Legal Journey
Smith’s tenure as special counsel was marked by historic legal battles:
- In 2023, Trump became the first U.S. president, sitting or former, to face criminal prosecution.
- Smith’s team charged Trump with retaining sensitive national security documents and attempting to overturn the 2020 election.
- The January 6 Capitol attack, which prosecutors linked to Trump’s false claims of voter fraud, remained a focal point of Smith’s work.
Despite these efforts, legal challenges and delays hindered progress. Appeals for presidential immunity, rulings by Trump-appointed judges, and the Supreme Court’s decisions all played roles in stalling the cases.
Broader Legal Implications
Other cases against Trump have also faced setbacks:
- The New York hush money case, in which Trump was convicted, has delayed sentencing indefinitely following his election win.
- In Georgia, legal proceedings against Trump and 14 allies are on hold as an appeals court reviews potential misconduct by lead prosecutor Fani Willis.
Smith’s Legacy
Jack Smith, a seasoned prosecutor with a reputation for rigorous investigations, leaves behind a complex legacy. Before his appointment as special counsel in November 2022 by Attorney General Merrick Garland, Smith led war crimes prosecutions at The Hague and headed the DOJ’s Public Integrity Section.
While his efforts to prosecute Trump faced insurmountable challenges, Smith’s work underscores the unprecedented nature of holding a former or sitting president accountable under U.S. law.
Moving Forward
As Trump prepares to take office, the legal battles surrounding his actions continue to shape the political landscape. However, with most cases unlikely to proceed during his presidency, accountability for Trump’s actions remains a contentious issue.
