Jack Smith’s team primed their criminal case against Donald Trump to resume once his presidency ends.
In the final weeks of Joe Biden’s presidency, FBI agents tied to Justice Department special counsel Jack Smith’s investigation memorialized anew their belief that President Donald Trump broke the law in contesting the 2020 election and secretly arranged to preserve their evidence until 2030 in memos that raise alarm they could revive their prosecution after Trump leaves office.
The FBI memos and emails closing out the controversial Arctic Frost investigation – obtained by Just the News – show the bureau chose not to relinquish the evidence it gathered after Smith went to court to dismiss charges against Trump, even though that is the normal practice for agents. Instead, they created a preservation order keeping the evidence in FBI custody for two years after Trump’s second term ends, claiming it was necessary to do so because of ongoing litigation, the memos show.
FBI emails and memos obtained by Just the News dating back to early 2025 show how the FBI agents and DOJ prosecutors who had been working on the criminal prosecutions aimed at Trump and his allies worked to close the 2020 election-related case against the incoming president, while also seemingly leaving open the door for the criminal case to be revived once Trump leaves office and a Democrat again holds the reins at the Justice Department.
“The American people deserve to know how this egregious weaponization of power to target political opponents and President Trump happened inside an institution meant to protect them,” FBI Director Kash Patel told Just the News. “We shut down the weaponized CR-15 squad, and we are going to keep following the facts until there is full accountability. The FBI exists to protect the country, not to preserve political prosecutions for a future administration.”
Following Trump’s victory in November 2024 over Democratic presidential nominee Vice President Kamala Harris, Smith sought to dismiss his case against Trump “without prejudice” – leaving open the possibility that the charges could be refiled in the future.
U.S. District Judge Tanya Chutkan, appointed to the federal bench by President Barack Obama, pointed to the Office of Legal Counsel’s position that a sitting president could not be prosecuted by his own DOJ and granted Smith’s request to dismiss the case without prejudice.
One of the key “Case Closing” documents obtained by Just the News – originating from the FBI’s Washington Field Office’s CR-15 team – was dated a couple of weeks into Trump’s second term, on February 5, 2025, when many holdover FBI agents and leaders were still in place.
The newly-released closing document from early 2025 repeated the extensive claims of criminality against Trump, which had been pursued by Smith and the bureau, and it sought to retain all of the evidence for a half decade until at least February 2030, when Trump would be a former president once more and thus when the DOJ guidance prohibiting the prosecution of a sitting president would no longer be in force.
By John Solomon and Jerry Dunleavy
