Department of Justice prosecutor Jack Smith — who oversaw two ill-fated federal criminal cases filed by the Biden DOJ against President-elect Donald Trump during a competitive presidential campaign — has officially resigned from the Justice Department. Smith officially resigned from the DOJ on Friday after previously announcing that he would be “winding down” his remaining case against Trump after he won re-election.
News of Smith’s departure came in a court filing Justice Department officials submitted to U.S. District Judge Aileen Cannon on Saturday afternoon. Smith has been seeking to release a “final report” on his defunct investigation into the Biden DOJ’s chief political rival, which has thus far been blocked by Judge Cannon. The Florida-based federal judge previously Smith’s controversial classified documents case against Trump — the first of two federal cases filed by Smith’s office — after taking issue with the constitutional basis for his appointment as special prosecutor.
In her 93-page decision, the Trump-appointed judge explained at length about the power of Congress to appoint special agents of the DOJ, a power that she said was not conferred to U.S. Attorney General Merrick Garland. “The relevant history, according to Special Counsel Smith, shows that Congress tacitly authorized—or silently acquiesced to—the use of Section 515 (or its predecessor statutes) to appoint “special attorneys” like himself… Upon review of the murky historical record, the Court determines that, whatever themes can be drawn from that background, they cannot supplant the plain language of the statute itself, which clearly does not vest the Attorney General with such authority,” Cannon wrote.
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