Special Counsel Jack Smith has been asked to submit a report to the Justice Department summarizing the results of the dual investigation into President-elect Trump. This officially ends the two-year investigation into him and prevents any next steps. That includes whether to release the report's findings to outgoing Attorney General Merrick Garland.
Smith, a prosecutor who worked for many years in The Hague and at the Justice Department and served as head of the Justice Department's Public Integrity Division, was nominated by Garland in 2022 to help Trump and his allies decide on the 2020 verdict. Both of the allegations that were attempted to be overturned will be investigated. The same goes for President Trump keeping classified documents in his Florida mansion.
Under Justice Department regulations, the special counsel is required to submit a confidential report to the attorney general after completing an investigation detailing the findings and explaining the decision to indict or not indict the case.
In Smith's case, the prosecutor's decision is immaterial, given Trump's status as president-elect and the Justice Department's longstanding policy barring criminal charges against sitting presidents.
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Special Counsel Jack Smith arrives in Washington, D.C., on August 1, 2023, to make remarks on the recently unsealed indictment containing four felonies against former President Trump. (Drew Angerer/Getty Images)
But a report to Mr Garland must outline the investigation and its findings, and Mr Garland will decide whether to make it public.
Notably, Garland has chosen to release reports from two other special counsels whose investigations were closed during his tenure, and in 2019 by then-Attorney General Bill Barr. It has chosen to release both the summary report submitted by John Durham, who was selected to lead the law enforcement and intelligence investigation. The origins of the Trump-Russia investigation during the 2016 presidential campaign, and the handling of Biden's classified documents in the final report from former U.S. attorney Robert Hur, which he commissioned for the presidential investigation in 2023.
These reports were made public at the same time as they were shared with members of Congress. But it's unclear whether Garland will take the same action on Smith's findings, given his sensitivities and Trump's position as president-elect.
The Justice Department did not respond to Fox News' request for comment on the status of the report or whether Garland plans to make it public.
Mr. Smith has long pointed to a Dec. 2 deadline for his team to submit a final status report summarizing the findings of the case against Mr. Trump to federal judges in Washington, D.C., and the 11th Circuit. However, these lawsuits were later and unceremoniously dismissed. last month.
According to the regulations of the Department of Justice, the special prosecutor Required At the end of their work, they will “submit a confidential report to the Attorney General explaining that a prosecution or dismissal decision has been reached.”
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Special Counsel Jack Smith recently asked that charges against President Trump alleging interference in the certification of the 2020 election be dropped. (Bill O'Leary/The Washington Post via Getty Images)
Garland has the power to decide whether to release Smith's report before Biden leaves office or submit it to the incoming Trump administration.
But it is unclear what action he will take, and the Justice Department did not respond to Fox News Digital's request for information on the matter.
Attorney General Merrick Garland attends his Senate Judiciary Committee confirmation hearing at the Hart Senate Office Building at the Capitol on October 27, 2021 in Washington, DC. (Drew Angerer/Getty Images)
Earlier this year, Smith prosecuted Trump in Washington, D.C., on charges stemming from the former president's alleged efforts to overturn the 2020 election results, and his team also prosecuted a classified documents case in Florida. filed a federal complaint against Trump.
Trump blasted the special counsel's investigation as a politically motivated “witch hunt” and vowed during his presidential campaign to fire Smith “within two seconds” if elected. As for Mr. Smith, he is expected to resign before Mr. Trump's inauguration, and his prosecution team has been moving in recent weeks to scale back its case against Mr. Trump.
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President-elect Trump and Special Counsel Jack Smith. (Fox News Digital)
Late last month, Smith cited an Office of the General Counsel memo that said investigating a sitting president on federal criminal charges is against Justice Department policy and against the law, and set deadlines for both lawsuits after Trump's election. A motion to quash was filed. The principle of separation of powers.
They also cited a July Supreme Court ruling that expanded immunity standards for sitting presidents.
In a recent court filing, Smith's team emphasized that the motion to quash the case is based solely on Office of General Counsel policy and not on the merits of the investigation itself.
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“The prohibition is categorical and does not override 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 said. he wrote in a motion to dismiss the election interference charges. case.
“The government's position on the merits of the defendant's charges has not changed. However, the circumstances have changed,” they added.
