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Monday, January 13, 2025  
12 Rajab 1446  

Trump prosecutor Jack Smith resigns from Department of Justice

Smith's dual investigations into Trump both resulted in criminal charges against Trump
Photo via RNZ
Photo via RNZ

Jack Smith, the special counsel who spearheaded two high-profile investigations into former President Donald Trump, has resigned from the Department of Justice (DOJ). The resignation, effective Friday, was confirmed in a court filing on Saturday. This move comes as no surprise, as CBS News, the BBC’s US media partner, reported in November that Smith intended to step down after concluding his work on the Trump cases.

Smith’s departure is particularly noteworthy given the ongoing legal battle surrounding the release of his report detailing the findings of the investigation into Trump’s handling of classified documents. US District Judge Aileen Cannon, who previously oversaw the classified documents case and controversially dismissed it last July, issued a temporary injunction preventing Smith and Attorney General Merrick Garland from releasing, sharing, or transmitting the report.

This injunction followed a request from attorneys representing Trump’s co-defendants, Walt Nauta and Carlos de Oliveira, who pleaded not guilty. They argued, and Judge Cannon agreed, that the report should be withheld pending a higher court’s review of their emergency appeal.

Adding to the complexity, Trump’s legal team also actively opposed the report’s release, claiming Smith lacked the legal authority to produce it due to an allegedly unconstitutional appointment and politically motivated investigation. They further urged Attorney General Garland to halt what they termed the “weaponization of the justice system.”

Smith’s dual investigations into Trump—one concerning the alleged mishandling of classified documents and the other involving alleged attempts to interfere in the 2020 election—both resulted in criminal charges against Trump. Trump pleaded not guilty in both instances. However, both cases were effectively closed following Trump’s victory in the 2024 presidential election, as DOJ regulations prohibit the prosecution of a sitting president.

Smith’s resignation, therefore, leaves both cases unresolved in terms of trial proceedings. The timing also allowed him to avoid potential dismissal by the incoming administration. This resignation follows Trump’s recent “unconditional discharge” in a separate hush-money case, meaning he avoided jail time and fines despite a felony conviction.

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