Jack Smith, the special counsel responsible for leading two federal criminal cases against Donald Trump, has resigned from the Justice Department ahead of the upcoming inauguration of the president-elect later this month.
A court filing from Saturday revealed that Smith “separated from the Department” on Friday.
CBS News, in partnership with the BBC, reported in November that Smith had planned to step down after completing his work. His resignation comes amid ongoing disputes regarding the release of his report on Trump’s classified documents case.
Appointed as special counsel in 2022, Smith oversaw two investigations into Trump: one involving the alleged improper retention of classified documents and the other concerning a suspected attempt to influence the 2020 election results. Both cases led to criminal charges against Trump, who pleaded not guilty and claimed the prosecutions were politically motivated.
Smith’s cases against Trump were closed last year following his presidential victory. Prosecutors noted that Justice Department regulations prevent the prosecution of a sitting president.
Reports in November indicated that Smith’s resignation was anticipated, allowing him to step down without being dismissed by Trump or the new president’s attorney general.
However, his departure means that neither of his criminal cases against Trump will proceed to trial.
Earlier this week, U.S. District Judge Aileen Cannon, who oversaw the classified documents case and controversially dismissed it last July, issued a temporary order preventing Smith and Attorney General Merrick Garland from releasing the report on the case.
Trump’s legal team received a draft of the report last weekend, with the release expected as early as Friday.
Judge Cannon’s decision came after attorneys representing Trump’s former co-defendants, Walt Nauta and Carlos de Oliveira, requested her intervention. Both men pleaded not guilty.
The judge has postponed the release until the Eleventh Circuit Court of Appeals in Atlanta considers an emergency appeal from Nauta and de Oliveira.
Special counsels are required to present their findings to the Justice Department, which is led by the attorney general. Garland has pledged to release all investigation reports to the public, a promise he has so far honored.
Trump’s legal team argued that Smith lacked the legal authority to submit the report, claiming he was unconstitutionally appointed and politically biased. They also urged Garland to halt the release of the report and end what they called the “weaponization of the justice system.”
On Friday, a judge granted Trump an “unconditional discharge” in a case involving hush money payments, sparing him from jail time and fines. However, he will remain the first U.S. president to hold a felony conviction while in office.