Special Counsel Jack Smith is required to submit a report to the Justice Department summarizing the results of his dual investigations into President-elect Trump, marking the end of his two-year probe. Smith’s report will outline the investigation’s findings and explain any prosecution or declination decisions he reached, although the Justice Department policy prohibits bringing criminal charges against a sitting president.
The report will then be reviewed by outgoing Attorney General Merrick Garland, who will decide whether to make it public. Smith has pointed to December 2 as the deadline for his team to submit their final status reports to federal judges, but it’s unclear whether Garland will choose to release the report to the public or punt it to the incoming Trump administration.
Garland has a history of releasing reports from other special counsels, including John Durham’s investigation into the origins of the Trump-Russia probe and Robert Hur’s investigation into President Biden’s handling of classified documents. However, it’s unclear if he will take the same approach with Smith’s findings, given their sensitivity and Trump’s status as president-elect.
The Justice Department declined to comment on the status of the report or whether Garland plans to release it publicly. Smith had indicted Trump in D.C. earlier this year on charges stemming from the alleged effort to overturn the 2020 election outcome and brought federal charges against him in Florida in the classified documents case.
Trump, who has characterized the special counsel investigation as a “witch hunt,” has vowed to fire Smith “within two seconds” if elected. Smith’s team is expected to resign before Trump’s inauguration, and has moved to wind down their cases against him. The outcome of the report is uncertain, but it’s likely to have significant implications for the future of Trump’s presidency and the 2024 election.
