New Market Perspective
  • Business
  • Politics
  • Investing
  • World
  • Business
  • Politics
  • Investing
  • World

New Market Perspective

Politics

Special Counsel Jack Smith required to submit Trump findings to DOJ before leaving. What happens next?

by admin December 7, 2024
December 7, 2024
Special Counsel Jack Smith required to submit Trump findings to DOJ before leaving. What happens next?

Special Counsel Jack Smith is required to submit to the Justice Department a report summarizing the results of his dual investigations into President-elect Trump — an action that will put a formal end to his two-year probe and one that will punt all next steps, including whether to make public the results of the report, to outgoing Attorney General Merrick Garland.

Smith — a longtime prosecutor who worked in The Hague and at the Justice Department, including as chief of the DOJ’s Public Integrity Section — was tapped by Garland in 2022 to investigate both the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump’s keeping of allegedly classified documents at his Florida residence. 

Justice Department regulations mandate that a special counsel submit to the attorney general a confidential report detailing the findings of their investigation after it is concluded, and explaining any prosecution or declination decisions they reached as a result of the probe.

In Smith’s case, the prosecution decision is immaterial, given Trump’s status as president-elect and longstanding Justice Department policy against bringing criminal charges against a sitting president. 

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

Notably, Garland has opted to release the reports from two other special counsels whose investigations concluded during his tenure — publishing both the summary reports submitted by John Durham, who was tapped by then-Attorney General Bill Barr in 2019 to review law enforcement and intelligence gathering during the 2016 presidential campaign and the origins of the Trump-Russia probe, as well as the final report from Robert Hur, a former U.S. attorney whom he tapped in 2023 to investigate President Biden’s handling of classified documents.

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

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

Smith has long pointed to Dec. 2 as the deadline for his team to submit their final status reports to the federal judges in the D.C. and the 11th Circuit Courts summarizing the results of their investigations into the cases against Trump, which were dismissed without prejudice late last month.

Under Justice Department regulations, a special counsel is required at the conclusion of their work to ‘provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached.’

Garland has the authority to decide whether to make Smith’s report public before Biden leaves office, or whether to punt it to the incoming 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 matter.

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

Trump, for his part, had railed against the special counsel investigation as a politically motivated ‘witch hunt’ and vowed during his presidential campaign to fire Smith ‘within two seconds,’ if elected. Smith, for his part, is expected to resign before Trump’s inauguration, and his team of prosecutors has moved in recent weeks to wind down their cases against Trump.

Late last month, Smith filed motions to vacate deadlines in both cases against Trump following his election, citing an Office of Legal Counsel memo that states it is against Department of Justice policy to investigate a sitting president for federal criminal charges and is a violation of the separation of powers doctrine. 

They have also cited a July Supreme Court decision that widened the criteria for immunity for sitting presidents.

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

‘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’s office wrote in their motion to dismiss the election interference case.

‘The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have,’ they added. 

This post appeared first on FOX NEWS

0
FacebookTwitterGoogle +Pinterest
previous post
Reporter’s Notebook: Following President Biden on his ‘global finale’ to Africa
next post
Pete Hegseth says he had ‘substantive conversation’ with Joni Ernst as Trump signals support

Related Posts

MTG responds to House Dem planning to hawk...

May 21, 2024

VP Kamala Harris announces nationwide tour in support...

December 20, 2023

Here is who is vying for power in...

December 10, 2024

Free ride: Allies, even Laura Loomer, turn on...

May 13, 2025

Revenge porn bill backed by Melania Trump heads...

April 29, 2025

State Department breaks down plan to deal with...

May 14, 2025

Ceasefire disputes between Israel and Hamas, Hezbollah throw...

January 27, 2025

Fox News projects Donald Trump defeats Kamala Harris...

November 6, 2024

House Republicans agree on Plan B government funding...

December 20, 2024

Trump campaign says internal communications were hacked, including...

August 11, 2024

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free


    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Latest

    • Colombian model’s murder, just days after Mexican influencer shot on live stream, sparks condemnation of femicide

      May 19, 2025
    • Israel begins extensive Gaza ground operation after intense airstrikes kill more than 100 overnight

      May 19, 2025
    • These dragon’s blood trees exist in only one place on Earth. Now their survival is under threat

      May 19, 2025
    • Polish centrist and nationalist presidential candidates to face off in 2nd round

      May 19, 2025
    • Portugal’s ruling center-right alliance wins election, but far-right makes record gains

      May 19, 2025
    • Tanzanian opposition leader appears in court for treason trial

      May 19, 2025

    Popular

    • 1

      10 Top Oil-producing Countries (Updated 2024)

      October 19, 2024
    • 2

      Powered by rain, this seed carrier could help reforest the most remote areas

      December 19, 2023
    • 3

      A troubling theory about traders profiting from Hamas’ attack on Israel drew much attention. Why it may not be so simple.

      December 13, 2023
    • 4

      Americans are starting to feel better about the economy and inflation

      December 13, 2023
    • 5

      Rare Earths Stocks: 8 Biggest Companies in 2024

      January 12, 2024
    • 6

      Top 10 Uranium-producing Countries (Updated 2024)

      April 18, 2024
    • 7

      Investing in Graphene Companies

      May 9, 2024

    Categories

    • Business (1,322)
    • Investing (3,130)
    • Politics (4,115)
    • World (4,067)
    • About us
    • Contact us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: newmarketperspective.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.


    Copyright © 2025 newmarketperspective.com | All Rights Reserved