Jack Smith Will Resign And Issue Final Report On Trump—Here’s What To Expect From It
Posted on 11/13/2024
Topline
Special Counsel Jack Smith will resign and close his two prosecutions against President-elect Donald Trump before Trump takes office, multiple outlets report, though the special counsel is expected to summarize his lengthy investigations in a final report before he goes—but it will have to be speedily completed in order for the public to see it.
Key Facts
When Could Jack Smith’s Report Be Released?
It’s unclear how soon Smith’s report could be made public. The special counsel is due to submit a filing in Trump’s election case by Dec. 2 laying out how the prosecution should proceed—and come to an end, most likely—so it’s doubtful any report would come out before then while the case against Trump is still active. Smith also has an appeal of Trump’s documents charges still pending in federal appeals court, after Trump-appointed U.S. District Judge Aileen Cannon dismissed the case, and he has not yet given any indication to the court in that case about how he plans to proceed. Another complicating factor that will drag out how long it takes for Smith’s report to come out is the fact it will have to be reviewed by intelligence agencies for classified information. That process took weeks for Hur’s report, the Times notes, and Politico points out that could be an especially arduous process when it comes to Smith’s coverage of the documents investigation, as that concerns numerous classified documents Trump took back to Mar-a-Lago.
When Will Jack Smith Resign?
Sources cited by the Times weren’t sure how long Smith planned to stay at the Justice Department before he ultimately leaves: While his goal is to leave before Inauguration Day, the Times notes those plans are still in flux and there could be “unforseen circumstances” like last-minute court rulings that keep him around longer. As it stands now, Smith is trying to “finish his work and leave” before Jan. 20 and has “no intention of lingering any longer than he has to,” sources familiar with Smith’s plans told The Times.
What Will The Report Say?
While it remains to be seen what Smith’s final report will say, the special counsel has detailed through numerous court filings how prosecutors believe Trump committed crimes by spearheading efforts to overturn the 2020 election and allegedly withholding White House documents. Smith has detailed in election case filings—including a major one released in October—how prosecutors say Trump pushed election fraud claims after the 2020 election despite knowing they were false, alleging Trump was repeatedly told by those around him his fraud claims were untrue and seemed to believe it himself, telling his family, “It doesn’t matter if you won or lost the election. You have to fight like hell.” He and his co-conspirators, who weren’t indicted, undertook a number of efforts trying to change the results, including pressuring state lawmakers and then-Vice President Mike Pence, and orchestrating a “fake electors” scheme in which GOP officials submitted false slates of electors to Congress, according to prosecutors. Trump also allegedly took little action to stop his supporters from rioting Jan. 6, with Smith alleging Trump watched the attack on the Capitol building play out on TV from the White House dining room while drinking Diet Coke. When an aide told him Pence had to be moved to a secure location, Trump allegedly replied, “So what?” In the documents case, prosecutors allege Trump took White House records back to Mar-a-Lago with him and then intentionally refused to turn them over to the government. Trump knowingly concealed classified documents from being turned over in response to a government subpoena, Smith alleges, employing aides to move documents so his lawyer wouldn’t find them. The indictment against Trump also shows White House materials being stored throughout Mar-a-Lago, including in its ballroom, in his bedroom and by a bathroom toilet.
Will Trump Retaliate Against Jack Smith?
While Smith’s reported planned departure will spare Trump from firing Smith, as the president-elect has vowed to do, he could still try to seek revenge against the special counsel after taking office. Trump has previously suggested he wants to retaliate against Smith—one of many perceived enemies Trump could target in a second term—saying in interviews before the election he wanted Smith, who is not an immigrant, to be deported. House Judiciary Chair Rep. Jim Jordan, R-Ohio, sent a letter to Smith on Nov. 8 asking him to preserve all of his office’s records that could be relevant to a congressional inquiry, suggesting GOP lawmakers will also try to go after Smith in the coming months. “Jack Smith’s abuse of the justice system cannot go unpunished,” billionaire Elon Musk, who’s become one of Trump’s key advisers, tweeted in response to Jordan’s letter.
Key Background
Garland named Smith as special counsel in November 2022 to oversee the federal government’s Trump investigations, appointing the third-party investigator in order to avoid perceptions of bias as Biden and Trump were slated to face off in the presidential election. Smith went on to indict Trump on 44 total felony counts between the two criminal cases, marking the first time a sitting or former president had ever been indicted on federal charges. While the cases were both scheduled to go to trial before the election—in March for the election case and May in the documents case—Trump and his lawyers managed to successfully drag them out. The federal election case was put on hold for months while the Supreme Court weighed whether Trump has immunity from criminal charges, which took until July—too late to go to trial before Election Day. Cannon appeared to slow-walk requests in the documents case for long enough that she ended up indefinitely postponing the trial, before ultimately dropping the charges altogether. Trump has pleaded not guilty to the charges against him and has long decried his criminal cases as “witch hunts” designed to harm his presidential campaign and railed against Smith, calling the special counsel a “thug” who’s biased against him.
Further Reading
ForbesJack Smith Asks Court To Pause Trump Election Case After Ex-President’s Win ForbesHow All Of Trump’s Criminal Cases Fell Apart—As Hush Money Case Now Delayed ForbesWhat Supreme Court’s Immunity Ruling Means For Trump’s Second Term
Special Counsel Jack Smith will resign and close his two prosecutions against President-elect Donald Trump before Trump takes office, multiple outlets report, though the special counsel is expected to summarize his lengthy investigations in a final report before he goes—but it will have to be speedily completed in order for the public to see it.
Key Facts
When Could Jack Smith’s Report Be Released?
It’s unclear how soon Smith’s report could be made public. The special counsel is due to submit a filing in Trump’s election case by Dec. 2 laying out how the prosecution should proceed—and come to an end, most likely—so it’s doubtful any report would come out before then while the case against Trump is still active. Smith also has an appeal of Trump’s documents charges still pending in federal appeals court, after Trump-appointed U.S. District Judge Aileen Cannon dismissed the case, and he has not yet given any indication to the court in that case about how he plans to proceed. Another complicating factor that will drag out how long it takes for Smith’s report to come out is the fact it will have to be reviewed by intelligence agencies for classified information. That process took weeks for Hur’s report, the Times notes, and Politico points out that could be an especially arduous process when it comes to Smith’s coverage of the documents investigation, as that concerns numerous classified documents Trump took back to Mar-a-Lago.
When Will Jack Smith Resign?
Sources cited by the Times weren’t sure how long Smith planned to stay at the Justice Department before he ultimately leaves: While his goal is to leave before Inauguration Day, the Times notes those plans are still in flux and there could be “unforseen circumstances” like last-minute court rulings that keep him around longer. As it stands now, Smith is trying to “finish his work and leave” before Jan. 20 and has “no intention of lingering any longer than he has to,” sources familiar with Smith’s plans told The Times.
What Will The Report Say?
While it remains to be seen what Smith’s final report will say, the special counsel has detailed through numerous court filings how prosecutors believe Trump committed crimes by spearheading efforts to overturn the 2020 election and allegedly withholding White House documents. Smith has detailed in election case filings—including a major one released in October—how prosecutors say Trump pushed election fraud claims after the 2020 election despite knowing they were false, alleging Trump was repeatedly told by those around him his fraud claims were untrue and seemed to believe it himself, telling his family, “It doesn’t matter if you won or lost the election. You have to fight like hell.” He and his co-conspirators, who weren’t indicted, undertook a number of efforts trying to change the results, including pressuring state lawmakers and then-Vice President Mike Pence, and orchestrating a “fake electors” scheme in which GOP officials submitted false slates of electors to Congress, according to prosecutors. Trump also allegedly took little action to stop his supporters from rioting Jan. 6, with Smith alleging Trump watched the attack on the Capitol building play out on TV from the White House dining room while drinking Diet Coke. When an aide told him Pence had to be moved to a secure location, Trump allegedly replied, “So what?” In the documents case, prosecutors allege Trump took White House records back to Mar-a-Lago with him and then intentionally refused to turn them over to the government. Trump knowingly concealed classified documents from being turned over in response to a government subpoena, Smith alleges, employing aides to move documents so his lawyer wouldn’t find them. The indictment against Trump also shows White House materials being stored throughout Mar-a-Lago, including in its ballroom, in his bedroom and by a bathroom toilet.
Will Trump Retaliate Against Jack Smith?
While Smith’s reported planned departure will spare Trump from firing Smith, as the president-elect has vowed to do, he could still try to seek revenge against the special counsel after taking office. Trump has previously suggested he wants to retaliate against Smith—one of many perceived enemies Trump could target in a second term—saying in interviews before the election he wanted Smith, who is not an immigrant, to be deported. House Judiciary Chair Rep. Jim Jordan, R-Ohio, sent a letter to Smith on Nov. 8 asking him to preserve all of his office’s records that could be relevant to a congressional inquiry, suggesting GOP lawmakers will also try to go after Smith in the coming months. “Jack Smith’s abuse of the justice system cannot go unpunished,” billionaire Elon Musk, who’s become one of Trump’s key advisers, tweeted in response to Jordan’s letter.
Key Background
Garland named Smith as special counsel in November 2022 to oversee the federal government’s Trump investigations, appointing the third-party investigator in order to avoid perceptions of bias as Biden and Trump were slated to face off in the presidential election. Smith went on to indict Trump on 44 total felony counts between the two criminal cases, marking the first time a sitting or former president had ever been indicted on federal charges. While the cases were both scheduled to go to trial before the election—in March for the election case and May in the documents case—Trump and his lawyers managed to successfully drag them out. The federal election case was put on hold for months while the Supreme Court weighed whether Trump has immunity from criminal charges, which took until July—too late to go to trial before Election Day. Cannon appeared to slow-walk requests in the documents case for long enough that she ended up indefinitely postponing the trial, before ultimately dropping the charges altogether. Trump has pleaded not guilty to the charges against him and has long decried his criminal cases as “witch hunts” designed to harm his presidential campaign and railed against Smith, calling the special counsel a “thug” who’s biased against him.
Further Reading
ForbesJack Smith Asks Court To Pause Trump Election Case After Ex-President’s Win ForbesHow All Of Trump’s Criminal Cases Fell Apart—As Hush Money Case Now Delayed ForbesWhat Supreme Court’s Immunity Ruling Means For Trump’s Second Term
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