The Supreme Court has effectively ended Special Counsel Jack Smith's attempts to prosecute former President Donald Trump.
Why It Matters
Smith resigned from his position on Friday after failing to secure charges against Trump in two separate federal indictments.
What To Know
In November 2022, Attorney General Merrick Garland appointed Smith to lead two major investigations into Trump. The first centered on alleged election fraud in the 2020 presidential race, while the second involved Trump’s handling of presidential records after leaving office, including accusations of improper storage at Mar-a-Lago in Florida. Trump has denied all charges in both cases.
In July, the Supreme Court issued a ruling granting Trump sweeping presidential immunity. The 6-3 decision, split along conservative and liberal lines, significantly complicated Smith’s efforts. The court determined that there are three layers of immunity: absolute immunity for core presidential actions, presumptive immunity for broader presidential acts, and no immunity for purely private conduct.
Trump’s election fraud case presented significant challenges, as many of the actions under scrutiny occurred during his presidency—ranging from his refusal to accept the 2020 election results to his involvement in the January 6, 2021, Capitol riot. Smith was forced to revise the indictment, removing significant details and going back to a grand jury, which delayed the process and diminished the impact of the charges.
Trump has previously stated that if he were re-elected in 2024, he would dismiss Smith within minutes. Smith’s resignation came before Trump had the chance to do so.
Keith B. Johnson, a criminal attorney based in Augusta, Georgia, told Newsweek that the Supreme Court ruling had effectively ended Smith’s case. He noted that, given the political nature of federal appointments, Trump could easily have removed Smith if he won the 2024 election.
"Positions within the Department of Justice have always been inherently political, as evidenced by the mass resignations of U.S. Attorneys whenever a president of the opposite party takes office," Johnson explained. "Until there’s a legislative change, a new president can force resignations upon assuming office."
What Happens Next
Trump will enter the White House on January 20 without facing any indictments.
As for Smith, his future is uncertain. Before becoming Special Counsel, Smith served as a war crimes prosecutor at the International Criminal Court and as the federal prosecutor for the Middle District of Tennessee.
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