Special Prosecutor Jack Smith must submit to the Ministry of Justice a report summarizing the results of his dual investigation into President-elect Trump – a move that will formally end his two-year investigation and scrap all subsequent steps, including whether the report’s results should be made public made, to resigning Attorney General Merrick Garland.
Smith — a longtime prosecutor who worked in The Hague and at the Justice Department, including as head of the DOJ’s Public Integrity Division — was tapped by Garland in 2022 to investigate both Trump and his allies’ alleged attempt to to overturn results of the 2020 election. election, as well as the fact that Trump allegedly kept secret documents at his Florida residence.
Department of Justice regulations require a special counsel to submit to the attorney general a confidential report describing the findings of their investigation after it is completed and explaining any prosecution or dismissal decisions they may make as a result took the investigation.
In Smith’s case, the prosecutor’s decision is immaterial given Trump’s status as president-elect and longstanding Justice Department policy against instituting criminal charges against a sitting president.
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Special Counsel Jack Smith arrives to comment on a newly unsealed indictment, including four felonies, against former President Trump on August 1, 2023 in Washington, DC. (Drew Angerer/Getty Images)
But he must still outline the investigation and findings in his report to Garland, who will then decide whether to make it public.
Notably, Garland has chosen to release the reports of two other special prosecutors whose investigations were completed during his tenure — publishing both summary reports filed by John Durham, who was appointed by then-Attorney General Bill Barr in 2019 wiretapped to assess law enforcement and intelligence gathering. during the 2016 presidential campaign and the origins of the Trump-Russia investigation, as well as the final report by Robert Hur, a former US attorney whom he called on in 2023 to investigate President Biden’s problems. handling secret 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 their sensitivity and Trump’s status as president-elect.
The Justice Department declined to respond to Fox News’ request for comment on the status of the report and whether Garland plans to share it publicly.
Smith has long pointed to December 2 as the deadline for his team to file their final status reports with federal judges in the D.C. and 11th Circuit Courts summarizing the results of their investigation into the cases against Trump, which were belatedly dismissed without prejudices were rejected. last month.
Under Department of Justice regulations, there is a special counsel required at the end of their work to “provide the Attorney General with a confidential report explaining the decisions made regarding prosecution or denial.”
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Special Counsel Jack Smith recently requested that charges he filed against Trump be dismissed in a case alleging he interfered in the certification of the 2020 election. (Bill OLeary/The Washington Post via Getty Images)
Garland has the power to decide whether Smith’s report should be made public before Biden leaves office, or whether it should be passed on to the new Trump administration.
However, it is unclear how he will act and the Justice Department did not respond to Fox News Digital’s request for more information on the case.
Attorney General Merrick Garland is seen before his Senate Judiciary confirmation hearing at the Hart Senate Office Building on Capitol Hill in Washington, DC, on October 27, 2021. (Drew Angerer/Getty Images)
Smith had sued Trump in DC earlier this year on charges stemming from the former president’s alleged efforts to overturn the 2020 election results, and his team also filed federal charges against Trump in Florida in the classified documents case.
Trump, for his part, had dismissed the special counsel’s investigation as a politically motivated “witch hunt” and promised during his presidential campaign that he would fire Smith “in two seconds” if elected. Smith, for his part, is expected to resign before Trump’s inauguration, and his team of prosecutors has moved in recent weeks to complete their case against Trump.
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President-elect Trump and Special Counsel Jack Smith. (Fox News digital)
Late last month, Smith has filed motions to vacate deadlines in both cases against Trump after his election, citing an Office of Legal Counsel memo saying it is against Justice Department policy to investigate a sitting president on federal criminal charges and a violates the doctrine of separation of powers.
They also cited a July Supreme Court decision that expanded the criteria for immunity for sitting presidents.
Smith’s team highlighted in their most recent lawsuit that their request 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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“That prohibition is categorical and does not address 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 their motion to reject election interference. case.
“The government’s position on the merits of prosecuting the suspect has not changed. But the circumstances are,” she added.
