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Special Counsel Jack Smith is required to submit a report to the Justice Department summarizing the findings of his investigations into President-elect Trump, marking the formal conclusion of his two-year probe. This report will outline the results of Smith’s dual investigations—one into alleged efforts by Trump and his allies to overturn the 2020 election and another into Trump’s handling of classified documents at his Florida residence. Under DOJ regulations, the special counsel must provide a confidential report detailing any prosecution or declination decisions.
“Whether the report is made public will ultimately be up to outgoing Attorney General Merrick Garland,” the Justice Department stated. Garland has previously chosen to release reports from other special counsel investigations during his tenure, such as John Durham’s review of the origins of the Trump-Russia probe and Robert Hur’s investigation into President Biden’s handling of classified documents. However, given the sensitivity of Smith’s findings and Trump’s status as president-elect, it remains uncertain if Garland will release this report before leaving office.
Smith, who has previously worked at The Hague and as chief of the DOJ’s Public Integrity Section, was appointed in 2022 to lead these investigations. Although Smith had filed federal charges against Trump earlier this year, his team recently moved to vacate those cases following Trump’s election victory. DOJ policy prohibits bringing federal criminal charges against a sitting president, a position reinforced by a recent Supreme Court decision expanding immunity for sitting presidents.
“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have,” Smith’s office wrote in a court motion to dismiss the election interference case. “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind.”
Smith is expected to resign before Trump’s inauguration, with his team of prosecutors winding down their cases. Trump, for his part, has dismissed the investigations as a politically motivated “witch hunt,” pledging during his campaign to fire Smith “within two seconds” of taking office.
Garland will now decide whether to share Smith’s findings publicly or defer that decision to the incoming Trump administration. The Justice Department has declined to comment on the status of the report or its potential release.
