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Did jack smith have a new indictment for Donald trump
Executive summary
Available reporting shows that Special Counsel Jack Smith did not file a fresh criminal indictment against former President Donald Trump after Smith left DOJ; instead Smith issued a two-volume final report in January 2025 and withdrew or dropped active prosecutions after Trump’s 2024 election victory, citing DOJ policy about not prosecuting a sitting president [1] [2] [3]. Some outlets and political actors have since pushed competing narratives about Smith’s motives and whether further legal action is possible; sources disagree on interpretations and political framing [4] [5] [6].
1. What Smith actually did: a final report and dropped cases
Jack Smith submitted a two-volume final report to Attorney General Merrick Garland on January 7, 2025, and his office dropped the active prosecutions against Trump after Trump’s November 2024 election victory, explaining that Justice Department policy generally bars prosecuting a sitting president [3] [1] [2]. Reuters and the DOJ-hosted report describe that Smith had pursued a four‑count indictment related to efforts to obstruct vote certification and also pursued a separate classified‑documents case; neither reached trial before charges were dismissed or withdrawn [2] [3].
2. Claims of a “new indictment”: not found in current reporting
The specific assertion that “Jack Smith had a new indictment for Donald Trump” is not supported by the available sources in this set: reporting describes Smith ending his formal prosecutions and issuing a final report rather than bringing additional indictments after January 2025 [1] [3] [2]. If a later indictment existed, it is not mentioned in the documents and articles provided here — available sources do not mention a subsequent criminal filing by Smith after his resignation and the January 2025 report [1] [3].
3. Why some accounts say Smith kept pursuing charges
Several outlets and commentators recount that Smith had sought grand jury actions, superseding indictments, or other filings through 2024 and into 2025 — for example, returning to the grand jury after the Supreme Court’s immunity decision and filing a superseding indictment in August 2024 — but the chain of events in 2024–25 led to litigation over presidential immunity and ultimately to Smith’s withdrawal of charges after the election [7]. Analyses like the Brennan Center’s describe Smith’s legal strategy to preserve parts of the indictment that were about unofficial conduct even after immunity questions arose [7].
4. Political responses and competing narratives
Conservative outlets and congressional Republicans have framed Smith’s work as politically motivated and have pushed for accountability, including investigations of Smith and demands he testify to Congress; proponents of that view cite withheld materials and alleged procedural errors [5] [8]. By contrast, mainstream reporting (Reuters, DOJ report) and watchdog analyses describe Smith as having assembled indictments and evidence but being constrained by DOJ policy and court rulings when prosecutions could not proceed [2] [3]. These conflicting framings reflect partisan disagreement about motive and process [5] [6].
5. Ongoing disputes over documents and transparency
Even after Smith’s prosecutions ceased, disputes continued over public access to his report and underlying materials. Judge Aileen Cannon blocked release of Volume II and litigation and appeals followed; an appeals court later faulted the district judge for delays in resolving motions to lift that injunction [9] [10]. This part of the story fuels both demands for transparency and concerns about co‑defendants’ fair‑trial rights [10] [9].
6. Caveats, limits of the record, and what to watch next
The documents in this set stop short of showing any new criminal indictment filed by Smith after January 2025; instead they document his final report, dropped charges, and ensuing political and legal fights [3] [1] [2]. If you have seen a claim of a “new indictment,” check the claim against primary filings (courts or DOJ releases) or reputable news outlets; that claim is not corroborated in the materials provided here (available sources do not mention a subsequent indictment) [3] [2]. Future developments to watch include declassification or release of Volume II, congressional testimony requests, and any DOJ or Office of Special Counsel inquiries into Smith’s conduct [9] [11] [6].
Summary judgment: based on the available sources, Jack Smith did not file a new indictment against Donald Trump after his January 2025 final report and his withdrawal of charges following Trump’s election; the subsequent story is one of contested legal process and partisan interpretation rather than new criminal filings by Smith [3] [1] [2].