Trump prosecutor Jack Smith resigns - Reuters

Special counsel Smith resigned from the Department of Justice on Friday, January 10, according to a court filing submitted on Saturday to US District Judge Aileen Cannon. In the filing, he requested the cancellation of a court order issued by the judge that blocked the publication of his final report.

The announcement of Smith's resignation appeared in a footnote in the filing, which stated that the special counsel had completed his work, submitted his final confidential report on January 7, and "separated" from the Department of Justice on January 10.

Inactive cases

Former war crimes prosecutor Smith initiated two of the four criminal cases Donald Trump faced after leaving office in 2021. However, these cases were terminated, as a Florida judge appointed by Trump dismissed one of them, and the US Supreme Court — with three justices appointed by Trump — ruled that former presidents have full immunity from prosecution for official acts. None of the cases handled by Smith reached trial.

After Trump’s victory in the November 5, 2024 election, Smith withdrew from both cases, citing a longstanding Department of Justice rule prohibiting the prosecution of sitting presidents. In court filings seeking dismissal of charges, Smith's team defended the merits of the cases but signaled that Trump’s inevitable return to the White House rendered them unacceptable.

Smith's departure marks another indicator of the collapse of criminal cases against Trump, which may conclude without any legal consequences for the new president and provoke a backlash, aiding his political resurgence.

Smith’s resignation from the Department of Justice was expected. Trump, who often referred to Smith as "deranged," had announced he would dismiss him immediately after taking office on January 20. The Republican hinted that, upon returning to office, he might seek retribution against Smith and others who investigated him.

In 2023, Trump became the first sitting or former US president to face criminal charges. This initially occurred in New York, where he was accused of attempting to conceal hush-money payments to adult film star Stormy Daniels during his 2016 presidential campaign.

Later, Smith charged Trump with the illegal retention of classified materials after leaving office and attempting to overturn his 2020 election defeat — a campaign that led to the January 6, 2021, Capitol riot. Georgia prosecutors also charged Trump over efforts to reverse his election loss in that state.

Attempt to establish justice

The Republican politician denied any wrongdoing, calling the charges politically motivated attempts to harm his election campaign. He raised millions in campaign contributions by appearing in court and using the cases to create a powerful narrative of political establishment opposition against him and his supporters.

The Department of Justice defended these cases, stating they were led by career prosecutors acting without political influence.

In November 2022, US Attorney General Merrick Garland appointed Smith as special counsel to lead two Department of Justice investigations against Trump. This decision came days after the Republican leader announced his campaign to return to the White House in the 2024 election.

Garland, appointed by Democratic President Joe Biden, stated that Smith would ensure a degree of independence in highly sensitive investigations.

Smith returned to Washington from The Hague, where he had handled war crimes cases related to the 1998–1999 Kosovo war. He secured the conviction of Salih Mustafa, a former commander of the Kosovo Liberation Army who ran a prison where torture occurred during the conflict.

Previously, Smith headed the Justice Department's Public Integrity Section and worked in the federal prosecutor's office in Brooklyn, New York, earning a reputation as a tenacious investigator.

History and progress of cases against Trump

The indictments, the first federal cases against a former US president, accuse Trump of taking highly sensitive national security documents to his Florida resort and using false claims of voter fraud to disrupt vote counting after his 2020 defeat.

"The attack on our nation's Capitol on Jan. 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment, it was fueled by lies – lies by the defendant, targeted at obstructing the bedrock function of the US government," Smith said when announcing the indictment in August 2023, during one of his two public statements made during the investigation.

The special counsel faced tight deadlines to complete both investigations, knowing that Trump could close them if he won the election. Both cases encountered legal obstacles.

In the classified documents case, Florida District Judge Aileen Cannon, a Trump appointee, dismissed all charges in July, ruling that Smith was improperly appointed as special counsel.

Smith's office appealed the decision. Prosecutors withdrew the appeal against Trump after his election victory but indicated they would continue efforts to reinstate charges against two Trump associates accused of obstructing the investigation.

The election-related case was delayed for months as Trump’s lawyers prepared an appeal on presidential immunity grounds. In August, the US Supreme Court largely sided with Trump, ruling that a politician cannot be held accountable for many official actions performed as president, causing further delays.

Smith acknowledged in court filings that his team faced "an unprecedented circumstance" following Trump’s election victory over Democrat Kamala Harris. His office concluded that neither case could proceed.

Trump was found guilty of falsifying business records following a trial in the New York hush-money case initiated by state prosecutors. Sentencing was postponed indefinitely after his election victory, with Trump’s lawyers seeking its complete dismissal.

The Georgia case, which also includes charges against 14 Trump allies, remains in limbo as an appeals court decides whether lead prosecutor Fani Willis should be disqualified over alleged misconduct involving a romantic relationship with a former senior deputy.

The case against Trump is unlikely to move forward while he remains president.

Prolonged cases against the new US President

In June 2024, courts paused the cases against Trump regarding interference in Georgia’s presidential election and improper retention of classified documents, deciding they would be considered only after the November election.

In August of last year, the Federal District Court in Washington resumed examining the case against Trump for interference in the 2020 election.

In November, Smith filed a motion to dismiss the case.