Trump prosecutor Jack Smith resigned from the Justice Department
Jack Smith, the special counsel who led two criminal cases against Donald Trump, has resigned from the Justice Department before the president-elect takes office later this month.
According to the court application filed on Saturday, Mr Smith “separated from the Department” on Friday.
CBS News, the BBC's US news partner, reported in November that Smith will resign from the Department of Justice after completing his work.
Mr Smith's departure comes amid controversy over the release of his report on the results of the Trump impeachment inquiry.
Mr Smith was appointed as special counsel in 2022 to oversee two Justice Department cases against Trump – one for the improper collection of classified documents and the other for alleged attempts to interfere in the results of the 2020 election.
Both cases led to criminal charges against Trump, who pleaded not guilty and sought prosecution as politically motivated.
The charges against Mr Smith in the presidential election were closed last year following Trump's victory in the presidential election. Prosecutors wrote that Justice Department rules prohibit prosecution of a sitting president.
CBS reported in November that Mr Smith's resignation was expected as it would allow him to leave his post without being fired by Trump or the next president's attorney general.
His exit means he is walking away without a criminal trial against Trump.
Earlier this week, US District Judge Aileen Cannon – who presided over the classified documents case and dismissed it last July – temporarily banned Mr. Smith and Attorney General Merrick Garland on “releasing, sharing, or transmitting” the report about the case.
Trump's legal team received a copy of the report last weekend and it was expected to be released as soon as Friday.
Judge Cannon's move came after lawyers for Trump's co-defendants in the case – Walt Nauta and Carlos de Oliveir – asked him to intervene. Both men pleaded not guilty.
Judge Cannon ordered that the release be stayed until the highest appeals court, the Eleventh Circuit in Atlanta, considers an emergency appeal by Mr. Nauta and Mr. De Oliveir.
By law, the special counsel must present the findings of their investigation to the Department of Justice, which is headed by the attorney general. Garland promised to release all reports to the public and has so far done so.
Trump's lawyers argued that Mr. Smith did not have the legal authority to submit the classified documents report because he was unconstitutionally elected to the job and had political influence.
Trump's legal team also wrote to Garland not to release the report, and urged him to “weaponize the justice system”.
On Friday, the jury sentenced Trump “unconditional discharge” in a criminal case related to the payment of hush money, which means he has been spared jail time and a fine, but he would still go on to become the first US president to be convicted of a crime.
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