Special Counsel Jack Smith Departs Justice Department After Trump Election Win, Cases Dropped
Special Counsel Jack Smith, who led two high-profile federal cases against Donald Trump, has left the Department of Justice ahead of Trump’s second presidential inauguration on January 20, Al Jazeera reports.
Smith’s departure comes after he dropped both cases following Trump’s victory over Vice President Kamala Harris in the November 5 election.
The cases, which involved alleged mishandling of classified documents and efforts to overturn the 2020 election, were overseen by Smith after his appointment in November 2022. According to a court filing, Smith “completed his work and submitted his final confidential report on January 7, 2025, and separated from the Department on January 10.” This information was included as a footnote in a filing to US District Judge Aileen Cannon, urging her not to extend her order blocking the release of Smith’s final report.
Smith, a former war crimes prosecutor, was tasked with leading the Justice Department’s investigation into Trump nearly two years after the US Capitol attack. He brought two of the four criminal cases against Trump after he left office. However, both cases ultimately stalled after a judge in Florida, appointed by Trump, dismissed one case and the US Supreme Court determined that former presidents have broad immunity from prosecution for official acts. Neither case went to trial.
Following Trump’s election victory, Smith dropped both cases, citing a long-standing Justice Department rule against prosecuting sitting presidents. In asking the courts to dismiss the charges, Smith’s team defended the merits of the cases they had brought, making clear that Trump’s return to the White House made the cases untenable.
Trump, who has repeatedly referred to Smith as “deranged” and vowed to fire him upon taking office, has also suggested that he may seek retribution against Smith and others who investigated him once he returns to power.