Jack Smith Resigns as Special Counsel Before Trump Takes Office
Special Counsel Jack Smith has announced plans to resign from his role before President-elect Donald Trump is inaugurated. This resignation precedes expected changes to the legal proceedings against Trump following his victory. Smith's team intends to wind down investigations and produce reports summarizing the outcomes of their work, as he prepares to leave office amid Trump's threats to dismiss him.
The New York Times was the first to report on Smith's impending resignation. His departure from the Special Counsel role aligns with Trump's previous remarks, where he openly stated he would fire Smith “within two seconds” of taking office. Smith appears to want to avoid any direct confrontation with the new administration, which has been openly hostile toward him and his investigations.
Trump has consistently made threatening comments about Smith's role, asserting intentions to end his inquiry. This has been compounded by Trump's recent judicial victories, including one from the Supreme Court which granted him expanded protections as president, potentially shielding him from prosecution for actions taken during his term. Smith’s willingness to resign beforehand might be interpreted as strategic, allowing him to clear out and mitigate the risks posed by Trump's agenda.
Smith’s office is currently reviewing the mechanics of how to close out its federal criminal cases against Trump. According to longstanding Justice Department guidelines, sitting presidents cannot be prosecuted for crimes. This policy significantly impacts Smith’s approach to closing the investigations.
At the core of discussion is the determination of how to resolve both the election interference case and the classified documents case against Trump. Smith’s team had previously requested the courts to suspend deadlines related to the election interference case, noting the unprecedented situation of managing legal cases against a president-elect.
Smith is also required by the Justice Department regulations to submit comprehensive reports to Attorney General Merrick Garland), outlining the decisions made during his investigations. It's unclear if Garland’s administration will choose to release this report publicly, potentially leaving the final public accounting of Smith's efforts under wraps.
Echoing these sentiments, legal experts speculate about the future of the cases brought against Trump. Many have suggested Smith's decision to resign pre-emptively indicates he acknowledges his investigations may be at risk once the new administration assumes office. Speculation also looms over whether Smith's final report could be released before Trump's inauguration or if it will get delayed until the incoming administration resolves its own agenda.
The two cases Smith was pursuing—one revolving around Trump’s alleged interference during the 2020 presidential election and another concerning mishandling classified documents—now hang uncertainly as Trump prepares to wield new presidential authority. After being indicted earlier, Smith had indicated his team would pursue charges quickly but has faced continuous resistance from Trump's legal team seeking delays at every turn.
President Trump's re-election, coupled with the political climate surrounding the investigations, has created significant hurdles for the Special Counsel's office. The existing political ramifications—particularly with Trump now having the power to shape federal oversight—have prompted many to predict the near dissolution of these cases against him.
Adding to the complexity of the situation are various state-level cases Trump continues to struggle with, which may not directly fall under the influence of federal policies during his presidency. These matters also complicate the potential for Trump to utilize his position to shield himself from legal consequences. With Trump and his allies likely to hold their ground against any incoming legal actions, the path forward for both Smith and the investigations remains rife with uncertainty.
