18 Nov 2022
Garland appoints Jack Smith as special counsel
Attorney General Merrick Garland signed Order No. 5559-2022 appointing Jack Smith as special counsel, the Justice Department's records show.
Court case
How the federal election obstruction case against Trump unfolded
Special counsel Jack Smith charged Donald Trump in August 2023 in Washington with four federal crimes, alleging that he conspired to overturn his 2020 election loss. The case was paused for an immunity appeal that ended in the Supreme Court's July 2024 ruling in Trump v. United States, then narrowed by a superseding indictment. It was dismissed without prejudice in November 2024 after Trump won the election, and no trial was held.
18 November 2022 to 29 September 2026 · 23 dated events · 18 sources
Where it stands now · as of 1 November 2026
The case was dismissed without prejudice on 25 November 2024 at the special counsel's request, with no trial and no finding of guilt. As of 1 November 2026 sources reviewed reported no outcome of the July 2026 congressional criminal referral of Smith, who testified before the Senate Judiciary Committee on 29 September 2026 and has not been charged.
In 30 seconds: the turning points
Stage
1. Investigation
2. Charged
3. Pretrial
4. Immunity appeal
5. Dismissed
6. Closed
Timeline of events
Overview · 18 Nov 2022 to 29 Sep 2026 · click a dot to jump
2022
2023
1 Aug 2023
Turning point
Grand jury indicts Trump on four counts
A federal grand jury in Washington returned a four count indictment charging Trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. Prosecutors alleged that he tried to overturn his loss in the 2020 election. Trump was presumed innocent.
3 Aug 2023
Trump pleads not guilty
Trump appeared before a magistrate judge at the federal courthouse in Washington two days after the indictment and pleaded not guilty to all charges, the Associated Press reported.
28 Aug 2023
Judge Chutkan sets a March 2024 trial date
Judge Tanya Chutkan set trial for 4 March 2024. Prosecutors had proposed January 2024 and Trump's lawyers had asked for April 2026, according to the Associated Press.
“The public has a right to prompt and efficient resolution of this matter.”Judge Tanya Chutkan, Associated Press (via Bangor Daily News)
1 Dec 2023
District court rejects presidential immunity defence
Judge Chutkan denied Trump's motions to dismiss based on presidential immunity and on the Impeachment Judgment Clause and double jeopardy principles, the D.C. Circuit's later opinion records. Trump appealed.
2024
6 Feb 2024
Turning point
D.C. Circuit affirms denial of immunity
A panel of Judges Henderson, Childs and Pan affirmed in an unsigned opinion, holding that a former president is not categorically immune from federal prosecution for acts taken while in office. The court had heard argument on 9 January 2024.
“former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant.”US Court of Appeals for the D.C. Circuit, US Court of Appeals for the D.C. Circuit
28 Feb 2024
Supreme Court agrees to hear the immunity appeal
The Supreme Court granted Trump's petition for certiorari in Trump v. United States, No. 23-939, according to the Court's opinion.
25 Apr 2024
Supreme Court hears argument
The justices heard oral argument on whether a former president has immunity from criminal prosecution for conduct alleged to involve official acts during his term, the Court's opinion records.
1 Jul 2024
Turning point
Supreme Court rules on presidential immunity
In a 6 to 3 decision written by Chief Justice Roberts, the Court held that a former president has absolute immunity for acts within his conclusive and preclusive constitutional authority and at least presumptive immunity for all official acts. It vacated the D.C. Circuit judgment and sent the case back for further proceedings.
“There is no immunity for unofficial acts.”US Supreme Court, syllabus of Trump v. United States, US Supreme Court (via Justia)
27 Aug 2024
Turning point
Superseding indictment narrows the case
After the Supreme Court decision a second grand jury returned a 36 page superseding indictment charging the same four offences based on conduct prosecutors said was not immunised, according to the special counsel's report. It described Trump mainly as a candidate and said the listed co-conspirators were not government officials during the conspiracies.
2 Oct 2024
Prosecutors' immunity filing is unsealed
A redacted version of the special counsel's filing arguing that Trump was not immune for the conduct charged was unsealed in the case, the Associated Press reported. Prosecutors alleged in the filing that Trump resorted to crimes in a failed bid to cling to power after losing the 2020 election.
“resorted to crimes”Office of Special Counsel, court filing, Associated Press (via National Newswatch)
25 Nov 2024
Special counsel moves to dismiss after the election
Following Trump's election victory, Smith asked the court to dismiss the case, citing the Justice Department's long standing position that the Constitution forbids indicting and prosecuting a sitting president. The filing said the request was not based on the merits of the charges, according to ABC News.
“That prohibition is categorical and does not turn on the gravity of the crimes charged”Office of Special Counsel, motion to dismiss, ABC News (via ABC7 San Francisco)
25 Nov 2024
Turning point
Case dismissed without prejudice
Judge Chutkan granted the motion the same day in a two page opinion and dismissed the indictment without prejudice, which Trump's lawyers did not oppose, ABC News reported. No trial was held and there was no finding of guilt or innocence.
“immunity afforded to a sitting President is temporary, expiring when they leave office”Judge Tanya Chutkan, ABC News (via ABC7 San Francisco)
🇺🇸 Washington, D.C.
ABC News (via ABC7 San Francisco)
ABC News (via ABC7 San Francisco)2025
7 Jan 2025
Special counsel submits his final report
Smith delivered his final report to the Attorney General. Volume One covered the election case and stated that the office had concluded its evidence was sufficient for a conviction. Trump had pleaded not guilty and the conclusion was never tested at trial.
“because it concluded that the admissible evidence would be sufficient to obtain and sustain a conviction”Final Report, Volume One, US Department of Justice, Office of Special Counsel
Jan 2025
Smith leaves the Justice Department
Smith resigned in January 2025 after submitting his report, the Associated Press reported. His cover letter to the report said his and his staff's service was complete.
“With this Report, my service and the service of my staff is complete.”Jack Smith, US Department of Justice, Office of Special Counsel
14 Jan 2025
Turning point
Volume One of the report is released
Garland sent Volume One to the House and Senate Judiciary Committees for public release after a temporary order by Judge Aileen Cannon in the Southern District of Florida barring its release expired at midnight. Volume Two, on the classified documents case, was withheld.
27 Jan 2025
Justice Department fires officials who worked on the prosecutions
Acting Attorney General James McHenry fired more than a dozen Justice Department employees who had worked on the prosecutions of Trump, the Associated Press reported, citing a department official.
“does not trust these officials to assist in faithfully implementing the President's agenda”Justice Department official, Associated Press (via CFJC Today)
Aug 2025
Office of Special Counsel opens Hatch Act inquiry into Smith
The independent Office of Special Counsel, a federal agency separate from the Justice Department, confirmed to Reuters that it was investigating whether Smith violated the Hatch Act, which limits political activity by federal employees. Senator Tom Cotton had requested the inquiry. The agency cannot bring criminal charges.
7 Nov 2025
Turning point
Pardon proclamation covers 2020 elector efforts
Trump issued Proclamation 10989 granting pardons for conduct related to slates of presidential electors and efforts to expose alleged voting fraud in the 2020 election. Those named include Rudolph Giuliani, Mark Meadows, John Eastman, Sidney Powell, Kenneth Chesebro and Jeffrey Clark. The proclamation states that it does not apply to Trump.
“ends a grave national injustice perpetrated upon the American people following the 2020 Presidential Election”Proclamation 10989, Daily Compilation of Presidential Documents (GovInfo)
Dec 2025
Smith testifies behind closed doors to the House Judiciary Committee
Smith gave a closed door deposition in December 2025, and a video and nearly 300 page transcript were released by 2 January 2026, NPR reported. He said he believed the election case would have led to a conviction and confirmed that his office had obtained call records of some lawmakers, which he said showed timing but not content.
“President Trump was, by a large measure, the most culpable and most responsible person in this conspiracy.”Jack Smith, NPR (via NPR Illinois)
2026
22 Jan 2026
Smith defends the investigations at a public hearing
Smith testified publicly before the House Judiciary Committee, chaired by Representative Jim Jordan, the Associated Press reported. Trump had posted that Smith should be prosecuted, and Smith said he believed the administration would try to prosecute him.
“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity.”Jack Smith, Associated Press (via Star Tribune)
22 Jul 2026
Judiciary Committee chairman refers Smith to the Justice Department
Jordan sent the Justice Department a criminal referral alleging that Smith made false statements in his December testimony about his effort to gather phone records of lawmakers, NPR reported. The date is taken from NPR's report that the letter was sent late on Wednesday. Smith's lawyers said he gave truthful, responsive answers and accused the committee of an eagerness to weaponise the justice system. Smith has not been charged.
“seemingly made willfully and intentionally false statements”Representative Jim Jordan, referral letter, NPR (via OPB)
🇺🇸 Washington, D.C.
NPR (via OPB)
NPR (via OPB)29 Sep 2026
Smith testifies before the Senate Judiciary Committee
Smith testified before the Senate Judiciary Committee, where Chairman Chuck Grassley swore him in, Reuters reported. Smith told senators he would not be silenced by threats of prosecution, and committee members accused him of abusing his power in the Trump investigations.
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Sources
18 records, ranked by type- 1Government documentJan 2025Special Counsel Jack Smith (archived page listing appointment, indictments and reports)US Department of Justice · justice.gov
- 2Official record1 Aug 2023Indictment, United States v. Donald J. Trump, No. 1:23-cr-00257-TSCUS District Court for the District of Columbia (posted by the Justice Department) · justice.gov
- 3News report3 Aug 2023Trump pleads not guilty to charges he tried to overturn the 2020 electionAssociated Press (via The Columbian) · columbian.com
- 4News report28 Aug 2023Trump trial set for March 4, 2024, in federal case charging him with plotting to overturn electionAssociated Press (via Bangor Daily News) · bangordailynews.com
- 5Official record6 Feb 2024United States v. Donald J. Trump, No. 23-3228 (opinion)US Court of Appeals for the D.C. Circuit · media.cadc.uscourts.gov
- 6Official record1 Jul 2024Trump v. United States, 603 U.S. 593 (2024), No. 23-939US Supreme Court (via Justia) · supreme.justia.com
- 7Official record27 Aug 2024Superseding Indictment, United States v. Donald J. Trump, No. 23-cr-257 (TSC), ECF 226US District Court for the District of Columbia (posted by the Justice Department) · justice.gov
- 8News report2 Oct 2024Prosecutors: Trump 'resorted to crimes' after losing 2020 election in failed bid to cling to powerAssociated Press (via National Newswatch) · nationalnewswatch.com
- 9News report26 Nov 2024Trump election case is tossed after special counsel requests dismissal ABC News (via ABC7 San Francisco) · abc7news.com
- 10Government document7 Jan 2025Final Report on the Special Counsel's Investigations and Prosecutions, Volume One: The Election CaseUS Department of Justice, Office of Special Counsel · justice.gov
- 11Government document14 Jan 2025Letter from Attorney General Garland to the House and Senate Judiciary CommitteesUS Department of Justice · justice.gov
- 12News report27 Jan 2025Trump Justice Department says it has fired employees involved in prosecutions of the presidentAssociated Press (via CFJC Today) · cfjctoday.com
- 13News report3 Aug 2025Federal agency opens probe into former Trump prosecutor Jack SmithReuters and AFP (via Gulf Times) · gulf-times.com
- 14Official record7 Nov 2025Proclamation 10989, Granting Pardons for Certain Offenses Related to the 2020 Presidential ElectionDaily Compilation of Presidential Documents (GovInfo) · govinfo.gov
- 15News report2 Jan 2026In transcript of closed-door testimony, Jack Smith defends his prosecutions of TrumpNPR (via NPR Illinois) · nprillinois.org
- 16News report23 Jan 2026Smith defends his Trump investigations at a House hearingAssociated Press (via Star Tribune) · startribune.com
- 17News report23 Jul 2026Republicans urge Justice Department to investigate former prosecutor Jack Smith NPR (via OPB) · opb.org
- 18News report29 Sep 2026Jack Smith appears for Senate Judiciary Committee hearing in WashingtonReuters (via Honolulu Star-Advertiser) · staradvertiser.com
Last updated 1 November 2026. Spotted an error? See corrections. Every event links to the record it comes from. Allegations are attributed to whoever made them.