In a shock decision last year, Judge Cannon dismissed the Mar-a-Lago case after agreeing with Trump’s attorneys that Smith was unconstitutionally appointed and funded. Smith’s team appealed that decision, but then dropped Trump as a defendant after his election. The case against his co-defendants Waltine Nauta and Carlos De Oliveira is ongoing.

U.S. Special Counsel Jack Smith makes a statement to reporters after a grand jury returned an indictment of former U.S. President Donald Trump in the special counsel's investigation of efforts to overturn his 2020 election defeat,

Smith has spent the last two months winding down the two federal criminal prosecutions of Donald Trump and had indicated he would resign before inauguration.