Trump’s prosecutor, Jack Smith, leaves Justice Department

Jack Smith, the special counsel who led the criminal cases against Donald Trump, has resigned from the Justice Department. His departure comes just before the president-elect takes office later this month.

Smith officially separated from the department on Friday, as confirmed in a court filing. This move comes after months of speculation. CBS News and the BBC’s US media partner reported back in November that Smith would leave after completing his work.

Why Smith left

Jack Smith’s resignation coincides with an ongoing dispute over the release of his report on Trump’s classified documents case. Smith, appointed in 2022, oversaw two major investigations into the former president. One focused on the mishandling of classified documents, while the other looked into Trump’s alleged attempts to interfere with the 2020 election results.

Both cases resulted in criminal charges against Trump. However, he pleaded not guilty, calling the prosecutions politically motivated.

Smith’s resignation comes after these cases were closed last year, following Trump’s win in the 2024 presidential election. Prosecutors noted that Justice Department rules forbid prosecuting a sitting president.

Smith’s resignation: timing and impact

It seems Smith’s exit was planned. CBS reported that he stepped down to avoid being dismissed by Trump or the incoming administration’s attorney general. Smith’s resignation means his criminal cases against Trump will not go to trial.

His departure comes just as tensions rise over the release of his final report. Earlier this week, Judge Aileen Cannon, who oversaw the classified documents case, stepped in. She temporarily blocked Smith and Attorney General Merrick Garland from releasing or sharing the report.

Trump’s legal team received a draft of the report last weekend, with the release expected soon. However, Cannon intervened after Trump’s co-defendants, Walt Nauta and Carlos de Oliveira, requested her help. Both men pleaded not guilty in the case.

Judge Cannon ordered a temporary hold on the release until the Eleventh Circuit Court of Appeals in Atlanta could review the emergency appeal. This court intervention has created additional delays in the already drawn-out process.

Legal challenges and controversies

Smith’s resignation is a blow to the ongoing legal battle. According to law, special counsels must submit the results of their investigations to the Justice Department, led by the attorney general. Garland has promised to release all reports to the public, as he has with previous cases. However, Trump’s attorneys have strongly opposed the release, arguing that Smith lacked legal authority to submit the report. They claim Smith was unconstitutionally appointed and politically biased.

Trump’s team also pressured Garland to halt the report’s release, calling it part of a broader “weaponization” of the justice system.

Trump faces felony conviction

In a related development, a judge sentenced Donald Trump to an “unconditional discharge” in a criminal case concerning hush money payments. He avoided jail time and fines, but the verdict ensures Trump enters office as the first US president with a felony conviction.

Smith resigned, leaving many questions unanswered. With Trump’s legal battles ongoing, he is set for a turbulent year ahead as he prepares for his second term in office.