Special Counsel Jack Smith to Resign Before Trump Takes Office: Reports

Jack Smith, the special counsel responsible for two federal cases against Donald Trump, intends to conclude his work and step down with his team before Trump assumes office in January, The New York Times has reported.
According to the report, those familiar with his plans say Smith aims to complete all significant aspects of the investigations himself, preempting Trump’s stated intent to dismiss him immediately upon taking office.
Since his appointment two years ago, Smith has upheld the principle that even a former president is not above the law, but he now faces the challenge of wrapping up these intricate cases as Trump’s electoral win shifts the legal landscape.
Smith’s office is currently developing a strategy to conclude the cases, though unforeseen factors, including court rulings or actions by other government officials, could potentially affect his timeline. Nevertheless, those familiar with his plans say Smith is focused on completing his work and stepping down before Trump resumes office.
Newsweek has reached out to Smith’s office for comment via the Department of Justice.
Smith’s office has reportedly expended at least $50 million in its prosecution of Trump, according to Newsweek calculations.
Efforts to obtain detailed spending information through Freedom of Information Act (FOIA) requests encountered obstacles. The Department of Justice (DOJ) responded in January, citing “unique circumstances” and stating that Smith’s office is not officially part of the DOJ, thereby exempting it from standard FOIA response time frames.
This situation has raised concerns about transparency and accountability in the handling of public funds within special counsel investigations.
Attorney General Merrick Garland appointed Smith as special counsel on Nov. 18, 2022, to handle federal cases against Trump, aiming to prevent perceptions of bias by distancing the Department of Justice and the Biden Administration from direct involvement.
Smith subsequently charged Trump with alleged election fraud related to efforts to overturn the 2020 election results and with mishandling classified documents at his Mar-a-Lago estate in Florida. Trump has pleaded not guilty to all charges. However, with these cases yet to go to trial, Trump has vowed to dismiss Smith “within two seconds” of assuming office, as he told conservative radio host Hugh Hewitt on Oct. 24.
Smith can “force Donald Trump’s hand” by indicting his coconspirators in the federal election subversion case before the president-elect takes office, former prosecutor Glenn Kirschner said on Friday.
“Jack Smith must indict Donald Trump’s coconspirators because that will force Donald Trump’s hand,” Kirschner said. “If Donald Trump wants to get rid of the cases against his criminal associates, his coconspirators, the folks who helped him try to steal the 2020 election if he wants to get rid of those cases after he’s sworn in as president, he will have to engage in corruption.”
Speaking to Newsweek on Saturday via telephone, Kirschner said that he believed Smith was always going to indict these coconspirators, but it was a matter of timing.
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