Jack Smith to submit Special Counsel’s report to DOJ for possible disclosure to AG Garland

Special Counsel Jack Smith is required to submit to the Ministry of Justice a report summarizing the results of its dual investigation into President-elect Trump – an action that will officially end its two-year investigation and determine all next steps, including whether to make the report’s results public, for outgoing Attorney General Merrick Garland.

Smith – a longtime prosecutor who has worked in The Hague and the Justice Department, including as head of the DOJ’s public integrity section – was tapped by Garland in 2022 to investigate both alleged efforts by Trump and his allies to overturn the results of the 2020 election, as well as Trump’s retention of allegedly classified documents at his Florida residence.

Department of Justice regulations require a special counsel to submit to the Attorney General a confidential report detailing the findings of his or her investigation upon completion and explaining any prosecutorial or refusal decisions he or she made as a result of the investigation.

In Smith’s case, the prosecutorial decision is immaterial, given Trump’s status as president-elect and long-standing Justice Department policy. against laying criminal charges against a sitting president.

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But he still has to present the investigation and its findings in his report to Garland, who will then decide whether to share it publicly.

Notably, Garland chose to release the reports of two other special counsels whose investigations concluded during his tenure – releasing the two summary reports submitted by John Durham, who was requested by then-Attorney General , Bill Barr, in 2019 to examine law enforcement and intelligence collection. during the 2016 presidential campaign and the origins of the Trump-Russia investigation, as well as the final report of Robert Hur, a former U.S. attorney who was tapped in 2023 to investigate President Biden’s affair. processing of classified documents.

These reports were made public at the same time as they were shared with members of Congress. But it’s unclear whether Garland will do the same with Smith’s findings, given their sensitivity and Trump’s views. status of elected president.

The Justice Department declined to respond to Fox News’ request for comment on the status of the report or whether Garland plans to share it publicly.

Smith has long indicated that Dec. 2 is the deadline for his team to submit its final 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 late. last month.

Pursuant to Department of Justice regulations, a special counsel is required at the end of their work, “provide the Attorney General with a confidential report explaining the prosecution or refusal decisions made.”

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Garland has the power to decide whether to make Smith’s report public before Biden leaves office, or whether to hand it over to the new Trump administration.

It is unclear how he will act, however, and the Justice Department did not respond to Fox News Digital’s request for more information on the subject.

Smith had indicted Trump in Washington earlier this year on charges stemming from the former president’s alleged efforts to overturn the results of the 2020 election, and his team also brought federal charges against Trump in Florida in the documents case classified.

Trump, for his part, denounced the special prosecutor’s investigation as a politically motivated “witch hunt” and pledged during his presidential campaign to fire Smith “within two seconds” if he was elected. Smith, for his part, is expected to resign before Trump’s inauguration, and his team of prosecutors moved in recent weeks to end the case against Trump.

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Late last month, Smith filed motions to quash delays in the two cases against Trump after his election, citing a memo from the Office of Legal Counsel that states it is against Justice Department policy to investigate a sitting president for federal criminal charges and constitutes a violation of the doctrine of separation of powers.

They also cited a July ruling by the Supreme Court that broadened the criteria for immunity for sitting presidents.

Smith’s team highlighted in their latest court filing that their motion to dismiss the case is based solely on the policy of the Office of Legal Counsel, and not on the merits of the investigation itself.

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“This ban is categorical and does not depend on the seriousness of the crimes charged, the strength of the government’s evidence, or the merits of the prosecution, which the government fully supports,” Smith’s office wrote in its motion to dismiss electoral interference. case.

“The government’s position on the merits of the prosecution of the accused has not changed. But the circumstances have changed,” they added.