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Newly released FBI and DOJ records indicate investigators preserved evidence from the Jack Smith election case for years after charges against President Donald Trump were dismissed without prejudice.
By yourNEWS Media Newsroom
Newly disclosed FBI and Justice Department records tied to the “Arctic Frost” investigation reveal that federal officials preserved evidence gathered in the criminal case against President Donald Trump until at least 2030, despite the dismissal of charges after Trump’s 2024 election victory.
According to documents obtained and published by Just the News, FBI agents and prosecutors associated with former Special Counsel Jack Smith created internal preservation orders to retain investigative materials for years beyond the closure of the case.
Arctic Frost – FBI – Closing Documents by yourNEWS Media
The records show the evidence retention period extends to at least February 1, 2030—roughly two years after Trump’s current presidential term would conclude.
The documents center on the FBI’s Washington Field Office CR-15 unit and the “Arctic Frost – Election Law Matters – Sensitive Investigative Matter” inquiry into Trump and his allies related to the 2020 election and January 6 Capitol events.
One February 5, 2025 FBI memo stated that the investigation would formally close while all evidence remained under a litigation hold and “freeze list,” preventing destruction or return of materials.
The bureau wrote that evidence would remain preserved “until at least February 1, 2030, but in no case prior to the lift of the freeze and litigation hold.”
The records indicate preserved materials include search warrant evidence, interview recordings, voluntary productions, grand jury material, open-source downloads, and discovery compiled during Trump’s prosecution.
Kash Patel criticized the handling of the investigation in comments provided to Just the News.
“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,” Patel said.
The criminal case against Trump was dismissed without prejudice in late 2024 after Smith acknowledged longstanding Department of Justice policy prohibiting the prosecution of a sitting president.
Tanya Chutkan granted Smith’s motion to dismiss the case following Trump’s election victory.
The FBI closure memos repeatedly emphasized that the dismissal was procedural rather than based on the merits of the prosecution.
One document quoted former Deputy Special Counsel J.P. Cooney stating that “the dismissal was not based on the merits of the prosecution, which the SCO stands behind.”
Cooney, who is now running in a Democratic congressional primary in Virginia, also reportedly wrote that the prosecution’s “declination of further prosecution should not be read to exonerate any particular person.”
The documents also reiterated allegations pursued during the Smith investigation, including claims that Trump and associates attempted to overturn the 2020 election results in several states.
The FBI memos stated investigators believed Trump and alleged co-conspirators engaged in conspiracies tied to the Electoral Count Act and congressional certification proceedings.
The investigation originally received approval from then-Attorney General Merrick Garland, former Deputy Attorney General Lisa Monaco, and former FBI Director Christopher Wray.
The same investigation later formed part of Smith’s August 2023 indictment of Trump related to alleged election interference efforts.
The newly released records also indicate that FBI Acting Director Dan Bongino and Attorney General Pamela Bondi approved formal closure of the investigation in September 2025 while maintaining federal custody of the evidence.
Former Trump defense attorney and current acting attorney general Todd Blanche had previously argued against release of Smith’s final report, accusing the special counsel of attempting to perpetuate “false and discredited accusations” against Trump after dismissal of the cases.
The documents also reveal that prosecutors and FBI officials specifically cited ongoing litigation holds as justification for preserving the investigative materials long term.
Original article


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