Special counsel Jack Smith said on Tuesday that Attorney General Merrick Garland will be cleared to decide whether to release his report on President-elect Donald Trump's efforts to overturn the 2020 election as of this week.
Concretely, Garland will be able to me the decision as of January 10, Smith said in a legal presentation. "The Attorney General has not yet determined how to handle the report volume pertaining to this case," the special counsel clarified. He added that he will not send Garland the documents before 1pm Tuesday.
Smith decided to give up the two cases he was building against Trump (the attempt to subvert the election and his handling of classified documents following his departure from office) after he won the presidential election in November. He effectively did so on November 25.
JUST IN: Jack Smith says AG Garland has not decided whether to release his reports to the public and won’t do so before Jan. 10 at the earliest.
— Kyle Cheney (@kyledcheney) January 7, 2025
Smith won’t send his classified docs report to Garland before this afternoon at 1pm. pic.twitter.com/CFQ84T11s9
Smith's prosecution team wrote that the move was based on a longstanding Justice Department policy against prosecuting sitting presidents. "That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution, which the Government stands fully behind," the filing said. If Garland decides to release at least part of the report, it will be aimed at public consumption rather than a jury's.
Prosecutors also said that "the Constitution requires that this case be dismissed before the defendant is inaugurated," according to the Associated Press. Smith is set to resign from his post before Trump takes office.
However, Republicans are already gunning for Smith even after he leaves his post, with House Judiciary Committee Jim Jordan not ruling out investigating him and his team for their actions. The lawmaker said this week in an interview that Republicans "want the facts."
"I assume there's going to be some report. But all we're saying is, 'preserve everything,' so we, the Congress, who have a constitutional duty to do oversight, can see everything," Jordan added, as reported by NBC News. Jordan sent Smith a letter in December demanding he keep all his records.
Jordan also left open the possibility of calling Smith to testify. "Maybe that's been the norm, but we want the information," he added, avoiding giving a direct answer when asked if Smith would be called before Congress.
Members of Smith's team were reportedly preparing to face retribution if Trump was elected, holding staff briefings on potential harassment by Trump supporters. Topics reportedly included doxing, in which a person's private information is posted online, as well as cybersecurity and stalking.
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