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Jack Smith, who spearheaded some of the gravest criminal allegations against Donald Trump, has stepped down from his role at the US Department of Justice. This marks the end of significant federal attempts to prosecute a former president.
In 2022, Merrick Garland, the US Attorney General, appointed Smith as a special counsel, entrusting him with overseeing cases where Trump was accused of trying to overturn the 2020 presidential election and improperly handling classified materials after his presidency.
These indictments were groundbreaking, marking the first time a former US president faced federal criminal charges. This unleashed a legal storm with Trump, a saga that engrossed the nation and took center stage in the political conversation leading to the 2024 general election, which Trump emerged victorious.
According to documents from the classified materials case, Smith “separated from the Department on January 10.” The Department of Justice, along with Smith, who was anticipated to leave before Trump’s re-entry into the White House, opted not to comment.
Trump, now president-elect, had vowed to terminate Smith’s role at the start of his second term, having branded the special counsel a “deranged lunatic.”
Smith’s resignation comes at a time when Trump has mostly managed to evade the criminal four lawsuits against him at both the state and federal levels.
In November, Smith sought to dismiss the two DoJ cases before Trump’s January 20 inauguration, in line with a long-established DoJ policy against bringing charges or prosecuting a sitting president. A federal judge had already thrown out the documents case, which Smith subsequently appealed.
“The prohibition is categorical and is unaffected by the severity of the alleged crimes, the robustness of the government’s evidence, or the prosecution’s merits, which the government fully supports,” he stated, referencing the DoJ’s policy.
Despite being found guilty in a “hush money” case by the Manhattan district attorney, which made him the first convicted felon to assume the presidency, Trump faced neither fines nor imprisonment during his recent sentencing.
Meanwhile, an indictment from Georgia accusing Trump of interfering with the 2020 election is stalled. This occurred after the disqualification of the district attorney pursuing the charges due to their undisclosed romantic involvement with an external lawyer on the case.
A report outlining Trump’s legal challenges was intended to wrap up Smith’s stint as special counsel. However, Trump’s co-defendants in the classified documents case are opposing the report’s release as it pertains to their legal battle.
Garland announced that the DoJ would publicly disclose the portion of the report concerning the election case. Meanwhile, the section involving classified documents will only be provided to specific congressional committee leaders.
This issue is currently under the consideration of a US appellate court.