Merrick Garland owes us Jack Smith's final report

It could mark the end of DOJ independence

Photo by Tim Mossholder on Unsplash

Once Donald Trump made it known that he would fire Special Counsel Jack Smith within “two seconds” of being sworn in as President on January 20, 2025, Smith knew his only option was to wrap up the investigations of Trump before that day came.

The New York Times reported last week that Smith has chosen to close up shop rather than pursue the two federal criminal cases against Donald Trump. Smith and his team plan to resign before inauguration day—which again comes as no surprise. Trump is hardly trying to hide his plan to weaponize the Department of Justice and the rule of law against anyone he decides to bully.

The U.S. Supreme Court’s far-right majority’s opinion in Trump v. U.S. stands as an open invitation for corruption and vengeance.

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Smith and his team have less than seventy days to conclude the investigation into Trump’s attempts to overturn the 2020 election and incite the January 6th insurrection, as well as his hiding of classified documents at his Florida residence.

The January 6th case is currently pending in Washington D.C. The judge and the parties have been trying to sort out how to deal with the Supreme Court’s immunity ruling in Trump v. U.S.

Then there is the case filed in Florida as a response to Trump’s taking of classified documents to his Mar-a-Lago resort and then allegedly obstructing justice when the U.S. government sought their return. This case was dismissed by U.S. District Judge Aileen Cannon, who made a ridiculous ruling that Smith’s appointment as special counsel was unconstitutional.

Part of wrapping up these investigations involves Smith’s duty to prepare a final report under the regulations creating his position as special counsel.

As I wrote for The Bulwark, it’s imperative that Merrick Garland publicize Smith’s final report(s) to avoid all of the evidence being destroyed once Trump is back in office.

Remind me what a special counsel is?

Jack Smith was appointed by Attorney General Merrick Garland in November of 2022 to oversee the investigation into the attempt to “interfere with the lawful transfer of power” after the 2020 election and the riot at the Capitol on January 6, 2021, when the Electoral College was set to certify the results of the election.