Jack Smith required to submit special counsel report to DOJ, punting its possible release to AG Garland

Special Counsel Jack Smith has reached a pivotal moment in his two-year investigation into President-elect Trump. As required by Justice Department regulations, Smith must now submit a report summarizing the results of his dual investigations to outgoing Attorney General Merrick Garland. This report will mark the formal end of Smith’s probe and will determine the next steps, including whether to make the findings public.

Smith, a seasoned prosecutor with experience at The Hague and within the Justice Department, was tasked by Garland to investigate allegations surrounding Trump’s efforts to overturn the 2020 election results and the handling of classified documents at his Florida residence. The report that Smith will submit to Garland is expected to detail the findings of the investigation and any decisions made regarding prosecution or declination.

While the decision on prosecution is moot due to Trump’s status as president-elect and longstanding Justice Department policy against charging a sitting president, the contents of the report remain significant. Garland has previously chosen to release reports from other special counsels during his tenure, including reports from John Durham and Robert Hur. Whether Garland will decide to make Smith’s findings public remains to be seen, given the sensitive nature of the investigation and Trump’s imminent assumption of office.

Smith’s team had set a deadline of December 2 to submit final status reports to federal judges in the D.C. and 11th Circuit Courts summarizing the results of their investigations into the cases against Trump, which were dismissed without prejudice. Under Justice Department regulations, Smith is required to provide a confidential report to the Attorney General explaining the decisions reached in the investigation.

Garland holds the authority to determine whether Smith’s report will be made public before Biden leaves office or if it will be deferred to the incoming Trump administration. The Justice Department has not provided clarity on Garland’s intentions regarding the report.

In recent developments, Smith filed motions to vacate deadlines in the cases against Trump following his election, citing an Office of Legal Counsel memo and a Supreme Court decision that impact the investigation. The motions to dismiss the cases were based on the policy against investigating a sitting president for federal criminal charges and the expanded criteria for presidential immunity.

As Smith prepares to submit his report to Garland, the nation awaits the outcome of this high-profile investigation. The contents of the report and Garland’s decision on its public disclosure will undoubtedly have significant implications for the political landscape as Trump prepares to assume office. Smith’s thorough investigation and the subsequent report will serve as a cornerstone in the ongoing dialogue surrounding accountability and transparency in government.