An ongoing special counsel investigation was opened by U.S. Attorney General Merrick Garland on November 18, 2022, to continue two investigations initiated by the Justice Department (DOJ) regarding former U.S. President Donald Trump. Garland appointed Jack Smith, a longtime federal prosecutor, to lead the independent investigations. Smith was tasked with investigating Trump's role in the January 6 United States Capitol attack and Trump's mishandling of government records, including classified documents.

On January 6, 2021, the United States Capitol Building in Washington, D.C., was attacked by a mob of supporters of then-U.S. president Donald Trump, two months after his defeat in the 2020 presidential election. They sought to keep Trump in power by occupying the Capitol and preventing a joint session of Congress counting the Electoral College votes to formalize the victory of President-elect Joe Biden. The attack was ultimately unsuccessful in preventing the certification of the election results. According to the bipartisan House select committee that investigated the incident, the attack was the culmination of a seven-part plan by Trump to overturn the election. Within 36 hours, five people died: one was shot by Capitol Police, another died of a drug overdose, and three died of natural causes, including a police officer. Many people were injured, including 174 police officers. Four officers who responded to the attack died by suicide within seven months. Damages caused by attackers exceeded $2.7 million.