President Joe Biden’s Attorney General, Merrick Garland, has formally notified Congress that Special Counsel Jack Smith’s investigations into President-elect Donald J. Trump are concluded. While the formal Department of Justice (DOJ) notice is usually accompanied by a report on the investigation, Garland states that he is currently restricted from releasing the document by order of U.S. District Court Judge Aileen Cannon. The court order stems from questions over the legality of Smith’s appointment to special counsel and, thus, the legitimacy of his investigation.
According to Garland, once the ongoing litigation surrounding Smith is settled—and if permissible—he intends to publish Volume One of the investigative report covering allegations that President-elect Trump attempted to interfere with the outcome of the 2020 presidential election. However, additional volumes of Smith’s investigative report will likely be tied up in legal limbo for some time.
The volume dealing with Smith’s classified documents investigation into Trump is unlikely to be seen by the public even if the DOJ is able to overcome Judge Cannon’s ruling that Smith was unlawfully appointed as special counsel. Even if published, the volume is governed by provisions for the closed-door review of the investigation dealing with the case regarding Trump’s handling of classified documents. This volume will be made available to the leaders of the House and Senate Judiciary Committees, pending authorization from the 11th Circuit.
Following Trump’s landslide 2024 election victory, Jack Smith quickly moved to dismiss both federal prosecutions. “It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” he wrote in a filing to U.S. District Court Judge Tanya Chutkan.
In total, Smith’s investigations cost American taxpayers over $50 million.