Jack Smith, the special counsel who led federal prosecutions against Donald Trump, resigned from the Department of Justice (DOJ) on Friday, according to court filings. This development follows Trump’s victory over Vice President Kamala Harris in the November 2024 presidential election, which effectively halted the cases Smith was pursuing.
Smith, a former war crimes prosecutor, oversaw two of the four criminal cases filed against Trump after his presidency. One case involved alleged mishandling of classified documents, and the other focused on efforts to overturn the 2020 election results. Both cases faced significant legal obstacles and were ultimately dismissed, with the Supreme Court ruling that former presidents have broad immunity from prosecution for official acts.
The classified documents case unraveled when U.S. District Judge Aileen Cannon dismissed the charges, citing improper appointment procedures for Smith as special counsel. The election-related case stalled due to Trump’s legal team’s appeal asserting presidential immunity, a position largely upheld by the Supreme Court in August 2024.
Citing DOJ policy against prosecuting sitting presidents, Smith’s team formally dropped the cases after Trump’s election win. Smith defended the validity of the investigations but acknowledged the “unprecedented circumstances” created by Trump’s return to the White House.
Trump became the first U.S. president to face federal indictment, with charges spanning multiple jurisdictions. In New York, Trump was convicted of falsifying business records related to a payment made during his 2016 campaign. However, a judge ruled that the conviction would carry no jail time or further penalties. The Georgia election interference case remains unresolved, as legal disputes surrounding the Fulton County District Attorney’s conduct have delayed proceedings.
Throughout his legal battles, Trump denied wrongdoing, framing the charges as politically motivated. His campaign capitalized on these narratives, raising significant funds and bolstering support among his voter base.
Smith was appointed by Attorney General Merrick Garland in November 2022 to lead DOJ investigations into Trump. His tenure included work on sensitive cases, but his efforts were curtailed by judicial rulings and Trump’s reelection. Smith previously prosecuted war crimes at The Hague and served in various DOJ roles, including chief of the Public Integrity Section.
Trump has publicly criticized Smith, referring to him as “deranged” and indicating plans to remove him upon returning to office. Smith’s resignation marks the conclusion of his controversial role in these high-profile cases, signaling a shift in the legal landscape as Trump prepares to retake the presidency.
The Georgia case, involving charges against Trump and 14 others, remains in legal limbo. Fulton County District Attorney Fani Willis has petitioned the Georgia Supreme Court to reverse a decision removing her from the case due to conflicts of interest. However, the case is unlikely to proceed while Trump serves as president.
The outcome of Trump’s legal challenges underscores the complexities of prosecuting a former president, particularly one poised to regain political power.