Politics
Special Counsel Jack Smith required to submit Trump findings to DOJ before leaving. What happens next?
Special Counsel Jack Smith is required to submit to the Justice Department a report summarizing the results of his dual investigations into President-elect Trump — an action that will put a formal end to his two-year probe and one that will punt all next steps, including whether to make public the results of the report, to outgoing Attorney General Merrick Garland.
Smith — a longtime prosecutor who worked in The Hague and at the Justice Department, including as chief of the DOJ’s Public Integrity Section — was tapped by Garland in 2022 to investigate both the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump’s keeping of allegedly classified documents at his Florida residence.
Justice Department regulations mandate that a special counsel submit to the attorney general a confidential report detailing the findings of their investigation after it is concluded, and explaining any prosecution or declination decisions they reached as a result of the probe.
In Smith’s case, the prosecution decision is immaterial, given Trump’s status as president-elect and longstanding Justice Department policy against bringing criminal charges against a sitting president.
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Special Counsel Jack Smith arrives to give remarks on a recently unsealed indictment including four felony counts against former President Trump in Washington, D.C., on Aug. 1, 2023. (Drew Angerer/Getty Images)
But he still must outline the investigation and its findings in his report to Garland, who will then decide whether to share it publicly.
Notably, Garland has opted to release the reports from two other special counsels whose investigations concluded during his tenure — publishing both the summary reports submitted by John Durham, who was tapped by then-Attorney General Bill Barr in 2019 to review law enforcement and intelligence gathering during the 2016 presidential campaign and the origins of the Trump-Russia probe, as well as the final report from Robert Hur, a former U.S. attorney whom he tapped in 2023 to investigate President Biden’s handling of classified documents.
These reports were made public at the same time as they were shared with members of Congress. But it is unclear whether Garland will move to do the same with Smith’s findings, given their sensitivity and Trump’s status as president-elect.
The Justice Department declined to respond to Fox News’s request for comment on the status of the report or whether Garland plans to share it publicly.
Smith has long pointed to Dec. 2 as the deadline for his team to submit their final status reports to the federal judges in the D.C. and the 11th Circuit Courts summarizing the results of their investigations into the cases against Trump, which were dismissed without prejudice late last month.
Under Justice Department regulations, a special counsel is required at the conclusion of their work to “provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached.”
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Special Prosecutor Jack Smith recently requested to dismiss charges he brought against Trump in a case alleging his interference in the certification of the 2020 election. (Bill OLeary/The Washington Post via Getty Images)
Garland has the authority to decide whether to make Smith’s report public before Biden leaves office, or whether to punt it to the incoming Trump administration.
It is unclear how he will act, however, and the Justice Department did not respond to Fox News Digital’s request for more information on the matter.
Attorney General Merrick Garland is seen before his Senate Judiciary confirmation hearing in the Hart Senate Office Building on Capitol Hill in Washington, D.C., on Oct. 27, 2021. (Drew Angerer/Getty Images)
Smith had indicted Trump in D.C. earlier this year on charges stemming from the former president’s alleged efforts to overturn the 2020 election outcome, and his team also brought federal charges against Trump in Florida in the classified documents case.
Trump, for his part, had railed against the special counsel investigation as a politically motivated “witch hunt” and vowed during his presidential campaign to fire Smith “within two seconds,” if elected. Smith, for his part, is expected to resign before Trump’s inauguration, and his team of prosecutors has moved in recent weeks to wind down their cases against Trump.
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President-elect Trump and Special Counsel Jack Smith. (Fox News Digital)
Late last month, Smith filed motions to vacate deadlines in both cases against Trump following his election, citing an Office of Legal Counsel memo that states it is against Department of Justice policy to investigate a sitting president for federal criminal charges and is a violation of the separation of powers doctrine.
They have also cited a July Supreme Court decision that widened the criteria for immunity for sitting presidents.
Smith’s team stressed in their most recent court filing that their motion to vacate the case is based solely on the Office of Legal Counsel policy, and not on the merits of the investigation itself.
“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,” Smith’s office wrote in their motion to dismiss the election interference case.
“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have,” they added.
Politics
Video: Senate Republicans Block Limits to Trump’s War Powers
new video loaded: Senate Republicans Block Limits to Trump’s War Powers
transcript
transcript
Senate Republicans Block Limits to Trump’s War Powers
Senate Republicans voted against a Democratic bill that would have required President Trump to obtain congressional authorization to continue waging war against Iran.
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“The yeas are 47. The nays are 53. The motion to discharge is not approved.” “President Trump decided to attack Iran. That decision was profound, deliberate and correct. The president understands the weight of war.” “Why is Donald Trump hellbent on making history repeat itself? Why is he plunging America headfirst into a war that Americans do not want, and which he cannot even explain? The American people deserve a say, and that is what our resolution is about.”
By Shawn Paik
March 5, 2026
Politics
DHS defends McLaughlin against allegations husband’s company profited millions from ad contracts: ‘Baseless’
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EXCLUSIVE: Newly obtained financial statements shed light on claims that former Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin’s husband’s company made millions from a DHS advertising campaign.
DHS Secretary Kristi Noem faced intense questioning during a Senate Judiciary Committee hearing Tuesday, and Sen. John Kennedy, R-La., specifically called out the agency for contracting a public relations firm headed by McLaughlin’s husband, Benjamin Yoho.
“I have personally reviewed the allegations against Ms. McLaughlin, and I find them to be baseless,” DHS General Counsel James Percival told Fox News Digital. “Nothing illegal or unethical occurred with respect to these contracts. Ms. McLaughlin was not involved in selecting any subcontractors.
“She is, however, a superstar in the public affairs world, so I am not surprised that she married a successful businessman whose services were attractive to these outside firms.”
Newly obtained financial statements address allegations that former Department of Homeland Security Assistant Secretary Tricia McLaughlin’s husband’s firm improperly profited from a multimillion-dollar DHS ad campaign. Lawmakers pressed Secretary Kristi Noem over the contracts during a heated Senate hearing. (Jack Gruber/USA Today)
Kennedy alleged that Yoho’s firm, The Strategy Group, “got most of the money” out of what the Louisiana Republican senator says was $220 million in “television advertisements that feature [Noem] prominently.”
“I’m sorry,” Kennedy said. “Safe America Media was a company formed 11 days before you picked them. And that the Strategy Group got most of the money. And the head of that is married to your former spokesperson.”
“It’s just hard for me to believe knowing the president as I do, that you said, ‘Mr. President, here’s some ads I’ve cut, and I’m going to spend $220 million running them,’ that he would have agreed to that,” Kennedy explained. “I don’t think Russ Vought at OMB [Office of Management and Budget] would have agreed to that.”
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Senate scrutiny intensified over a DHS advertising campaign after Sen. John Kennedy, R-La., questioned whether a firm linked to McLaughlin’s husband benefited unfairly. DHS officials and the company deny any wrongdoing or multimillion-dollar profits. (Andrew Harrer/Bloomberg via Getty Images)
The Strategy Group is a conservative advertising agency for which Yoho serves as CEO.
Figures obtained by Fox News Digital show a slightly lesser total advertising expenditure of approximately $185 million, with a total of roughly $146.5 million going to a campaign called “Save America.”
However, of the total that went to “Save America,” roughly $348,000 went to production costs, while the remaining $142 million went to “media buys.”
Sources at DHS say that media buys are the cost of actually buying the ads themselves, whether purchased from social media or for a TV ad.
Kennedy also alleged that the bidding process for the contracts never took place and that Safe America Media’s recent founding was a cause for concern and collusion between McLaughlin and her husband’s business.
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Debate over DHS’ “Save America” ad campaign intensified as senators challenged its costs and contractor ties, even as agency officials touted the initiative as a historic success in promoting self-deportation. (Graeme Sloan/Getty Images)
“Yes they did,” Noem responded during the hearing. “They went out to a competitive bid, and career officials at the department chose who would do those advertising commercials.”
The Strategy Group posted to X Tuesday that it never had a contract with the department. While it did receive several hundred thousand dollars for production costs associated with the advertising campaigns, The Strategy Group never made millions.
“The Strategy Group has never had a contract with DHS,” the post said. “We had a subcontract with Safe America [Media] for limited production services. Safe America paid us $226,137.17 total for 5 film shoots, 45 produced video advertisements and 6 produced radio advertisements.
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Critics raised concerns about potential conflicts of interest in a high-dollar DHS advertising effort, but department representatives say McLaughlin recused herself and that subcontracting decisions were made independently. (AP Photo/Jose Luis Magana, File)
“If you’re going to try to question our integrity, bring actual evidence — we did,” the post concluded.
Because these ads were purchased using public funds, all contract totals are publicly available.
Lauren Bis, who took up the role of assistant secretary once McLaughlin left office, told Fox News Digital Tuesday that scrutiny from Republicans and Democrats over the advertising spending was unjustified because the campaigns resulted in “the most successful ad campaign in U.S. history.”
“Sanctuary politicians are attacking this ad campaign because it has been successful in CLOSING our borders and getting more than 2.2 million illegal aliens to LEAVE the U.S.,” Bis said.
“The DHS domestic and international ad campaign was the most successful ad campaign in U.S. history. The results speak for themselves: 2.2 million illegal aliens self-deported, and we now have the most secure border in American history.”
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The Trump administration reaffirmed that all illegal immigrants are eligible for deportations as they focus on arresting violent criminals first. (Raquel Natalicchio/Houston Chronicle via Getty Images)
Bis also compared the cost of arresting and deporting an illegal migrant to that of the minimal cost of an illegal migrant self-deporting. The department says the advertising campaign played a key role in marketing self-deportation.
A spokesperson at DHS also told Fox News Digital that contractors decide who they hire, fulfilling the terms of a contract, not the department itself.
“By law, DHS cannot and does not determine, control or weigh in on who contractors hire or use to fulfill the terms of the contract,” a DHS spokesperson told Fox. “Those decisions are made by the contractor alone. We have only become aware of these companies because of this inquiry and did not hire those companies.”
The spokesperson also noted that McLaughlin “recused herself” from interactions with subcontractors to avoid “any perceived appearance of impropriety.”
“Upon hearing who the subcontractors were for production of the ad, Ms. McLaughlin recused herself from any interaction or engagement with any subcontractors to avoid any perceived appearance of impropriety,” the spokesperson continued. “DHS Office of Public Affairs is the program officer. Ms. McLaughlin oversees the DHS Office of Public Affairs, which is simply the vehicle for this contract.”
Department of Homeland Security Secretary Kristi Noem takes her seat as she arrives to testify during a Senate Judiciary Committee hearing Tuesday on Capitol Hill in Washington, D.C. (Jim Watson/AFP via Getty Images)
McLaughlin told Fox News Digital the criticism of her and her family by senators at the hearing is a matter of public manipulation.
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“This is yet another example of politicians intentionally trying to dupe and manipulate the public to try to manufacture division and anger,” McLaughlin told Fox News Digital. “The ad spend and contracts are a matter of public record, and the process was done by the book.
“These politicians would rather smear private citizens and American small businesses than do any basic research.”
Fox News Digital’s Alexandra Koch contributed to this report.
Politics
Senate rejects war powers measure to withdraw forces from Iran
WASHINGTON — Senate Republicans blocked a war powers resolution Wednesday designed to withdraw U.S. forces from hostilities in Iran, as the Trump administration accelerates its military campaign in a conflict that has killed hundreds, including at least six American service members.
The motion failed in a vote of 47-53.
In addition to pulling out military resources from the Middle East, the measure — introduced by Sens. Chuck Schumer (D-N.Y.), Adam Schiff (D-Calif.) and Tim Kaine (D-Va.) — would have required Congress’ explicit approval before future engagement with Iran, a power granted to the legislative branch in the Constitution.
The House, where Republicans also hold an advantage, is scheduled to weigh in on a similar measure Thursday. Even if both Democratic-led measures were to succeed, President Trump was widely expected to veto the legislation.
“We are doing very well on the war front, to put it mildly,” President Trump said at a White House event on Wednesday afternoon. The president, who has come under scrutiny for offering shifting explanations on the war’s endgame, said that if he was asked to scale the American military operation from one to 10, he would rate it a 15.
Democrats dispute that Trump possesses the authority to wage the ongoing operation in Iran without explicit congressional approval.
Acknowledging the measure was unlikely to succeed, they framed the vote as a strategy to force lawmakers to put their support for or opposition to the war on record.
“Today every senator — every single one — will pick a side,” Schumer said. “Do you stand with the American people who are exhausted with forever wars in the Middle East, or stand with Donald Trump and Pete Hegseth as they bumble us headfirst into another war?”
Senate Majority Leader John Thune (R-S.D.) and most of his Republican colleagues have maintained that the president carried out a “pre-emptive” and “defensive” strike in Iran, giving him full authority to continue unilateral military operations.
Republicans saw the vote as the “last roadblock” stopping Trump from carrying out his mission against the Islamic Republic.
“I think the president has the authority that he needs to conduct the activities and operations that are currently underway there. There are a lot of controversy and questions around the war powers act, but I think the president is acting in the best interest of the nation and our national security interests,” Thune said at a news conference.
Senators largely held to party loyalties, with the exception of Kentucky Republican Rand Paul, who broke ranks to support the measure, and Pennsylvania Democrat John Fetterman, who opposed it.
The vote comes as Defense Secretary Pete Hegseth said Wednesday that the war against Iran is “accelerating,” with American and Israeli forces expanding air operations into Iranian territory. He pointed to evidence released by U.S. Central Command of a submarine strike on an Iranian warship, and also lauded other strikes throughout the region as civilian casualties in Iran surpassed 1,000 on the fourth day of the conflict, according to rights groups.
“We’re going to continue to do well,” Trump said Wednesday. “We have the greatest military in the world by far and that was a tremendous threat to us for many years. Forty-seven years they’ve been killing our people and killing people all over the world, and we have great support.”
Republicans blocked a similar war powers vote in January after the president ordered U.S. special forces to capture and extradite Venezuelan President Nicolás Maduro in Caracas on drug trafficking charges.
GOP leaders argued that the outcome of that mission equated to a quick success in the Middle East, despite an uncertain timeline from the Department of Defense.
In the House, lawmakers will vote on a separate war powers effort Thursday. That bill is led by Rep. Ro Khanna (D-Calif.) and Rep. Thomas Massie (R-Ky.), the two lawmakers who authored the Epstein Files Transparency Act.
“Instead of sending billions overseas, we need to invest in jobs, healthcare, and education here,” Khanna said on X.
In addition to that proposal, moderate Democrats in the House have introduced a separate resolution that would give the administration a 30-day window to justify continued hostilities in the Middle East before requiring a formal declaration of war or authorization from Congress.
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