Jack Smith, the special counsel who aggressively pursued charges against former President Donald Trump, has resigned from the Department of Justice, marking the end of a contentious legal battle and raising questions about the future of special counsel roles.
At a Glance
- Jack Smith resigned after bringing two federal prosecutions against Trump, both of which failed
- Smith’s appointment as special counsel was ruled unconstitutional by Judge Aileen Cannon
- The release of Smith’s final report is currently blocked by a court order
- Trump’s reelection rendered the prosecutions moot due to DOJ policy
- The resignation raises questions about the future of special counsel appointments
Smith’s Departure and Legal Setbacks
Jack Smith, a former war crimes prosecutor, has stepped down from his role as special counsel overseeing the Trump investigations. His resignation comes after two failed federal prosecutions against President-elect Donald J. Trump, marking the end of a tumultuous legal saga that captivated the nation.
Smith’s departure was anticipated, as he had intended to leave before Trump’s inauguration on January 20. The prosecutions became moot following Trump’s political victory, as Department of Justice policy prohibits the prosecution of a sitting president.
Trump prosecutor Jack Smith resigns from Justice Department – https://t.co/1wETiLaMfk
— Jonathan Landay (@JonathanLanday) January 11, 2025
Constitutional Challenges and Blocked Reports
In a significant blow to the special counsel’s office, Judge Aileen M. Cannon, a Trump appointee, ruled that Smith’s appointment was unconstitutional. This ruling was based on the appointments clause, arguing that the Attorney General cannot appoint a special counsel without Senate consent.
“A Trump-appointed judge, Aileen Cannon, finally ruled that the office was unconstitutional.” – Rick Moran
Adding to the controversy, Judge Cannon temporarily blocked the public release of Smith’s final report. This report, consisting of two volumes, covers Trump’s efforts to overturn the 2020 election results and his handling of classified documents at Mar-a-Lago. The Justice Department has agreed to withhold the classified documents volume while criminal proceedings against other defendants are pending.
Legal Battles and Appeals
Attorney General Merrick Garland is appealing Judge Cannon’s ruling on the unconstitutionality of Smith’s appointment. The Justice Department maintains that the Attorney General has the authority to release investigative reports, citing precedent from previous special counsel investigations.
“The Attorney General is the Senate-confirmed head of the Department of Justice and is vested with the authority to supervise all officers and employees of the Department.” – Justice Department
The 11th U.S. Circuit Court of Appeals has denied an emergency defense bid to block the release of the election interference report but maintained the injunction for three days post-resolution. This legal tug-of-war highlights the ongoing debate surrounding the special counsel’s role and the extent of their investigative powers.
Implications for Future Special Counsel Appointments
Smith’s resignation and the legal challenges surrounding his appointment have sparked a debate about the future of special counsel roles. The controversy raises questions about the constitutional basis for such appointments and the need for Senate confirmation.
As the dust settles on this legal saga, many are calling for Congress to address the issue of special counsel appointments and their constitutional basis. The outcome of these deliberations could have far-reaching implications for future investigations into presidential conduct and the balance of power within the Justice Department.
While the full impact of Smith’s resignation remains to be seen, it’s clear that this event marks a significant moment in the ongoing discussion about presidential oversight and the role of special counsels in our legal system.
Sources:
- Jack Smith, Who Led Prosecutions of Trump, Resigns – The New York Times
- Jack Smith has resigned from the justice department, after submitting his Trump report : NPR
- Special counsel Jack Smith has resigned after submitting his Trump report, Justice Department says
- Trump Nemesis Jack Smith Resigns From DoJ – PJ Media
