Special Counsel Jack Smith is required to submit to the Justice Department a report summarizing the results of his two investigations into President-elect Trump. This was an action that would officially end his two-year investigation. and the actions that will take all the next steps. including whether the report’s results will be made public; It was addressed to Attorney General Merrick Garland, whose term is about to expire.
Smith, a long-time prosecutor in The Hague and the Ministry of Justice Including as head of the DOJ’s Public Integrity Division, Garland has been tapped in 2022 to investigate both Trump’s and his allies’ alleged efforts to subvert the results of the 2020 election, as well as collecting. Keeping Trump’s Allegedly Secret Documents at His Florida Residence
Justice Department regulations require the special counsel to submit a confidential report to the attorney general. It details the results of their investigation after its conclusion. and explain any prosecution decisions or denials they reach as a result of the investigation.
In Smith’s case The decision to prosecute is not significant. This is because of Trump’s status as president-elect and the Justice Department’s longstanding policy of criminally prosecuting sitting presidents.
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Jack Smith, Special Advisor arrived to deliver a speech on the recently unsealed charges, which include four criminal charges against former President Trump. In Washington, D.C. on Aug. 8, Nov. 1, 2023 (Draw Anger/Getty Images)
But he still must outline the investigation and findings in his report to Garland. Who will decide whether to make such information public or not.
Notably, Garland has chosen to release reports from two other special counsel investigations concluded during his tenure. It released both a summary report submitted by John Durham, which was selected by then-Attorney General Bill Barr in 2019 to examine law enforcement and intelligence gathering. during the 2016 presidential campaign and the origins of the Trump-Russia investigation It includes the final report from former U.S. attorney Robert Maher, which he tapped in 2023 to investigate President Biden’s handling of classified documents.
These reports are made public at the same time they are shared with members of Congress. But it’s unclear whether Garland will move to do the same with Smith’s findings. This is because of Trump’s sensitivities and status as president-elect.
The Justice Department declined to respond to Fox News’ request for comment on the status of the report or whether Garland plans to make it public.
Smith has long pointed to December 2 as the deadline for his team to submit a final status report to a federal judge in D.C. and the 11th Circuit Court, summarizing the results of their investigation into the lawsuit. Rump The case was dismissed without prejudice late last month.
Under the regulations of the Ministry of Justice The special advisor is necessary During the last period of working for “Provide the Attorney General with a confidential report explaining the decision to prosecute or deny it.”
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Special Prosecutor Jack Smith recently asked to dismiss the charges against Trump. in a lawsuit accusing him of interfering with the certification of the 2020 election. (Bill O’Leary/The Washington Post via Getty Images)
Garland has the power to decide whether to make Smith’s report public before Biden leaves office. Or whether the report will be sent to the incoming Trump administration?
However, it is not clear how he will proceed. And the Justice Department did not respond to Fox News Digital’s request for additional information on the matter.
Attorney General Merrick Garland is seen before a Senate judicial confirmation hearing in the Hart Senate Office Building. on capitol hill In Washington, D.C. on Oct. 1, Sept. 27, 2021. (Draw Anger/Getty Images)
Smith sued Trump in D.C. earlier this year on charges stemming from the former president’s alleged efforts to overturn the 2020 election results, and his team has also filed a lawsuit against the government. also filed a lawsuit against Trump in Florida in the secret documents case.
Trump, for his part, has slammed the special counsel’s investigation as “an oxymoron.” Politically motivated “witch hunts” and pledged during the presidential campaign to fire Smith. “Within two seconds” if chosen Smith is expected to resign before Trump’s inauguration. And his prosecutorial team has moved in recent weeks to end the case against Trump.
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President Donald Trump and Special Counsel Jack Smith (Fox News Digital)
At the end of last month Smith filed motions to cancel the deadlines in both cases against Trump after his election. It cited a memorandum from the Office of Legal Counsel that said it was against Justice Department policy to investigate a sitting president on federal criminal charges. and is a violation Principles of separation of powers
They also cited a Supreme Court decision in July that expanded the immunity threshold for sitting presidents.
Smith’s team emphasized in a recent court filing that the request to withdraw the case was based solely on the policy of the Office of Legal Counsel. It is not the result of an investigation.
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“The prohibition is absolute. and does not affect the severity of the crime being charged. The strength of the government’s proof or the advantages of filing a lawsuit The government stands behind it fully,” Smith’s office wrote in the petition to dismiss the election interference case.
“The government’s position on the merits of the defendant’s prosecution has not changed. But the situation has changed,” they added.
