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Special Counsel Jack Smith must appear at Department of Justice a report summarizing the results of its dual investigations into President-elect Trump, an action that will formally end its two-year investigation and one that will outline all next steps, including whether to make the report’s findings public, by outgoing Attorney General Merrick Garland.
Smith, a longtime prosecutor who worked in The Hague and the Justice Department, including as head of the DOJ’s Public Integrity Section, was tapped by Garland in 2022 to investigate both Trump’s alleged effort and allies to overturn the results of the 2020 election, as well as Trump’s retention of allegedly classified documents at his Florida residence.
Justice Department regulations require a special counsel to send the attorney general a confidential report detailing the findings of his investigation after it is concluded and explaining any prosecution or declination decisions he has made as a result of the investigation.
In Smith’s case, the prosecutor’s decision is irrelevant, given Trump’s status as president-elect and longstanding Justice Department policy. against filing criminal charges against a sitting president.
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Special Counsel Jack Smith arrives for comments on a newly unsealed indictment that includes four counts of felony charges against former President Trump in Washington, DC on August 1, 2023. (Drew Anger/Getty Images)
But he has yet to describe the research and its findings in his report to Garland, who will then decide whether to share it publicly.
Notably, Garland has chosen to release the reports of two other special counsels whose investigations concluded during his tenure, releasing both the summary reports filed by John Durham, who was tapped by then-Attorney General Bill Barr in 2019 to review law enforcement and intelligence gathering. during the 2016 presidential campaign and the origins of the Trump-Russia investigation, as well as the final report of former U.S. attorney Robert Hur whom he used in 2023 to investigate President Biden’s handling of classified documents.
These reports were made public at the same time they were shared with members of Congress. But it’s unclear whether Garland will do the same with Smith’s findings, given her and Trump’s sensitivities. status of elected president.
The Justice Department declined to respond to Fox News’ request for comment on the status of the report or whether Garland plans to share it publicly.
Smith has long designated Dec. 2 as the deadline for his team to submit final status reports to federal judges in D.C. and the 11th Circuit courts summarizing the results of their investigations into the cases against Trump , which were dismissed without prejudice late. last month
Under Department of Justice regulations, there is a special counsel required at the end of his assignment to “provide the Attorney General with a confidential report explaining the charging or declining decisions made.”
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Special prosecutor Jack Smith recently asked to dismiss the charges he brought against Trump in a case over his interference in the certification of the 2020 election. (Bill OLeary/The Washington Post via Getty Images)
Garland has the authority to decide whether to make Smith’s report public before Biden leaves office, or if he has to hand it over to the incoming Trump administration.
It’s unclear how he will act, however, and the Justice Department did not respond to Fox News Digital’s request for more information on the matter.
Attorney General Merrick Garland is seen before his Senate Judiciary confirmation hearing in the Hart Senate Office Building on Capitol Hill in Washington, DC on October 27, 2021. (Drew Anger/Getty Images)
Smith had indicted Trump in D.C. earlier this year on charges stemming from the former president’s alleged efforts to overturn the outcome of the 2020 election, and his team also filed federal charges against Trump in Florida in the case of classified documents.
Trump, for his part, had criticized the special counsel’s investigation as a politically motivated “witch hunt” and promised during his presidential campaign to fire Smith “in two seconds” if elected. Smith, meanwhile, is expected to resign before Trump’s inauguration, and his team of prosecutors has moved in recent weeks to wrap up their cases against Trump.
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President-elect Trump and Special Counsel Jack Smith. (Fox News Digital)
Late last month, Smith filed motions to dismiss deadlines in both cases against Trump after his election, citing a memo from the Office of Legal Counsel that says it is against Justice Department policy to investigate a sitting president on federal criminal charges and that it is a violation of the doctrine of separation of powers.
They have also cited a July Supreme Court decision that expanded the immunity criteria for sitting presidents.
Smith’s team underlined in his latest court document that his motion to dismiss the case is based solely on the policy of the Office of Legal Counsel, and not on the merits of the investigation itself.
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“This ban is categorical and not based on the seriousness of the crimes charged, the strength of the Government’s evidence or the merits of the prosecution, which the Government fully supports,” Smith’s office wrote in its motion. to dismiss electoral interference. case
“The Government’s position on the merits of the accusation of the accused has not changed. But the circumstances have”, they added.
