Special Counsel Jack Smith Officially Resigns After Final Report Just Days Before Trump Takes Office

AP Photo/J. Scott Applewhite, File

Special counsel Jack Smith resigned from the Department of Justice according to a court filing released on Saturday, just a few days after filing his final, two-volume report.

Smith’s resignation was expected to occur before President-elect Donald Trump took the oath of office. The former DOJ prosecutor sought to charge Trump with a variety of crimes including attempting to overturn the 2020 election and his handling of classified material after leaving the White House in 2021.

However, Smith’s report on Trump’s involvement in election interference, which was the center of Trump’s DC trial, is expected to be released soon. Trump has denied the charges and maintained his innocence.

“The Special Counsel completed his work and submitted his final confidential report on January 7, 2025, and separated from the Department on January 10,” said a DOJ court filing in a footnote. The footnote was part of a DOJ filing where prosecutors ask Judge Aileen Cannon not to restrict Smith’s report regarding Trump.

The federal charges against Trump were dropped after he defeated Vice President Kamala Harris in the 2024 election. The DOJ has policy of not prosecuting a sitting president.

Trump and his nominee for FBI director, Kash Patel, have vowed to go after DOJ lawyers involved in his prosecution. Back in October, Trump vowed to fire Smith within “two-seconds” of taking the oath of office.