Overview
- Special counsel Jack Smith opted to charge in Florida on venue grounds after internal analysis that he and Attorney General Merrick Garland believed favored that forum.
- Career prosecutors, including David Raskin, strongly objected, warning the move was a risky bet given Judge Aileen Cannon’s prior handling of the investigation.
- The team’s initial 1-in-6 estimate of drawing Cannon was later recalculated to nearly 1-in-3 after factoring judges’ caseloads and availability in the Southern District of Florida.
- Judge Cannon dismissed the case on July 15, 2024, ruling Smith was unlawfully appointed; Solicitor General Elizabeth Prelogar approved an appeal but rejected a bid to seek Cannon’s removal.
- Following Trump’s 2024 victory, DOJ policy against prosecuting a sitting president led to abandoning further prosecution; the new details come from Washington Post excerpts of the book Injustice published Oct. 27, 2025.