The department disclosed Smith’s departure in a court filing Saturday, saying he had resigned one day earlier. The resignation, 10 days before Trump is inaugurated , follows the conclusion of two unsuccessful criminal prosecutions against Trump that were withdrawn following Trump’s White House win in November.
At issue now is the fate of a two-volume report that Smith and his team had prepared about their twin investigations into Trump’s efforts to overturn the results of his 2020 election and his hoarding of classified documents at his Mar-a-Lago estate.
The Justice Department had been expected to make the document public in the final days of the Biden administration, but the Trump-appointed judge who presided over the classified documents case granted a defense request to at least temporarily halt its release. Two of Trump’s co-defendants in that case, Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, had argued that the release of the report would be unfairly prejudicial, an argument that the Trump legal team joined in.