Jack Smith did all this work for nothing and it’s hilarious.
Special Counsel Jack Smith is about to close the chapter on his two-year investigation into President-elect Donald Trump, with a final report set to be submitted to the Department of Justice. This report will formally conclude the special counsel’s inquiries into two key issues: Trump’s alleged efforts to overturn the results of the 2020 election and his handling of classified documents at his Mar-a-Lago residence. Once submitted, the decision on whether to release the findings to the public will fall to outgoing Attorney General Merrick Garland.
Smith, a ‘seasoned prosecutor’ who has worked both internationally and at the DOJ, was appointed by Garland in 2022 to lead the investigations. While Smith’s report will include details on his investigation’s findings, the question of whether it will be made public remains up in the air. Garland’s past decisions provide a point of reference, as he has previously authorized the release of reports from two other special counsels—John Durham, who examined the origins of the Trump-Russia probe, and Robert Hur, who looked into President Biden’s handling of classified documents. However, given the sensitivity surrounding Trump’s status as President-elect, Garland might take a more cautious approach this time.
Under DOJ regulations, special counsels are required to submit a confidential report detailing their investigation’s results and the reasoning behind any prosecution decisions. However, Smith’s report on Trump’s actions likely won’t include prosecution recommendations, as DOJ policy traditionally prohibits bringing criminal charges against a sitting president. Smith’s findings will instead offer a comprehensive review of his investigation, with Garland determining whether to make it public before Trump takes office or leave it for the incoming administration.
Trump, who has repeatedly criticized Smith’s investigation as a politically motivated “witch hunt,” has vowed to remove the special counsel should he win re-election. In recent weeks, Smith’s team has sought to suspend deadlines in both ongoing cases, citing Justice Department guidelines that prevent criminal investigations of a sitting president. This legal principle has been reinforced by a recent Supreme Court ruling expanding presidential immunity, further complicating the legal landscape as Smith winds down his work. Whether Garland chooses to release Smith’s report or leave it to a future Trump administration will be a critical moment in the ongoing battle over accountability and transparency in Washington.