Jack Smith Formally Resigns from DOJ

The resignation we have been waiting for has finally taken place. 

Special Counsel Jack Smith has formally resigned from his position at the Department of Justice (DOJ).  

Election Interference Case 

The first of the cases against Trump is the January 6 election interference case that was before Judge Chutkan, someone who was clearly not a fan of Donald Trump.  

This case centered around the attempt to use fake electors as well as fundraising off false claims of election fraud.  

This was actually the second indictment against Trump, with the indictment formally released on August 1, 2023.  

Trump was hit with four charges in the case. They were conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. 

Classified Documents Case 

When Donald Trump left office, he took a significant amount of records with him that the National Archives claimed were not his to take.  

Trump was reportedly working with the National Archives and the FBI to turn over the records in question when his home was raided by the FBI while Trump was out on the campaign trail. Trump was also accused of hiding additional records.  

Trump was formally indicted on June 8, 2023, charged with illegal retention of government secrets, obstruction of justice, making false statements, and conspiracy to obstruct. 

Trump has two co-defendants in the case, which is why there is pushback against the Special Counsel report being released, as it could harm their case. 

Smith Resigns 

Once Donald Trump was elected as president, Smith dropped his appeal in the classified documents case, which had been dismissed by Judge Aileen Cannon, a Trump appointee. Cannon dismissed the case on the premise that Smith had been illegally appointed as Special Counsel.  

Smith also asked Judge Chutkan to dismiss the charges against Trump in the election interference case. She complied, but we have noted prior the case was dropped without prejudice, so charges can be presented again at a later time.  

With all the formalities now taken care of, Smith has formally resigned from his position. The DOJ stated, “The Special Counsel completed his work and submitted his final confidential report on January 7, 2025, and separated from the Department on January 10.” 

For now, the only case that Trump has to worry about is the hush money case, which he will continue to appeal. The other case is in hiatus after it was ruled that Fani Willis needed to be removed from the case. If that decision holds, it seems unlikely that another DA will pursue the case, but, of course, we cannot rule that out.