Following a landmark election victory for President-elect Trump, the fate of Special Counsel Jack Smith's extensive investigation hangs in the balance. Smith's dual probes into the former president—one concerning alleged attempts to overturn the 2020 election results and the other regarding the handling of classified documents at Mar-a-Lago—are nearing their official conclusion. A comprehensive report summarizing the investigation's findings is due to Attorney General Merrick Garland, leaving the decision of public disclosure squarely in his hands.

Appointed by Garland in 2022, Smith, a seasoned prosecutor with experience at the Hague and the Justice Department, has spent two years examining these complex issues. Justice Department regulations stipulate that special counsels submit confidential reports to the Attorney General upon completion of their investigations, outlining their findings and any decisions related to prosecution.

Special Counsel Jack Smith speaks to the media following the unsealing of a four-count felony indictment against former President Trump in Washington, D.C., on August 1, 2023. (Drew Angerer/Getty Images)

Given Trump's status as president-elect and the longstanding DOJ policy against indicting a sitting president, the decision regarding prosecution is effectively moot. However, the report's contents, detailing the investigation's scope and conclusions, remain significant. Garland's precedent suggests a potential public release, as he previously published reports from Special Counsels John Durham (investigating the origins of the Trump-Russia probe) and Robert Hur (investigating President Biden's handling of classified documents). However, the sensitive nature of Smith's investigation and Trump's impending presidency introduce a layer of complexity to the decision.

Garland has remained tight-lipped about his intentions. The Justice Department declined to comment on the report's status or potential public release. While Smith's team has consistently pointed to December 2nd as the deadline for submitting their final status reports to federal judges, the ultimate decision rests with Garland. He could choose to release the report before Biden leaves office or defer the decision to the incoming Trump administration.

Special Prosecutor Jack Smith recently requested the dismissal of charges against Trump related to alleged interference in the 2020 election certification. (Bill OLeary/The Washington Post via Getty Images)

Trump has consistently criticized the special counsel investigation, labeling it a politically motivated “witch hunt.” During his campaign, he vowed to swiftly dismiss Smith if elected. Smith, in turn, is expected to resign before Trump's inauguration. Recent motions filed by Smith's team to vacate deadlines in the cases against Trump, citing DOJ policy and a Supreme Court decision regarding presidential immunity, further complicate the situation. The team emphasized that these motions are based solely on legal precedent and not on the merits of the investigation itself.

Attorney General Merrick Garland testifies before the Senate Judiciary confirmation hearing in Washington, D.C., on October 27, 2021. (Drew Angerer/Getty Images)

President-elect Trump and Special Counsel Jack Smith. (Fox News Digital)

The question remains: what will Garland decide? The implications of releasing or withholding the report are substantial, impacting public perception, political discourse, and potentially the future course of legal action.