"Jack Smith Concludes with a Footnote"
The first special counsel to file criminal charges against a former president wraps up his term with an unassuming exit.
This marks an undignified finish to a difficult journey — for both Smith and the nation — that began with Trump at his lowest point and culminated in his resurgence, countering the criminal cases that once posed a significant threat to his freedom.
Trump is now poised not only to undermine Smith’s efforts but also to wield the Justice Department and a Republican-led Congress against those who pursued him, potentially using his clemency powers to reshape the narrative surrounding the charges he faced.
Smith, appointed by Merrick Garland shortly after the 2022 midterms and Trump’s announcement of his 2024 presidential campaign, finds himself at the center of scrutiny in a GOP-controlled Washington. Trump-aligned lawmakers are committed to investigating Smith’s work, which gave rise to two federal criminal cases against the former president. These investigations resulted in numerous felony charges and incurred costs of $35 million by March 2024, a figure likely to have risen since then.
Smith charged Trump with conspiracy to disenfranchise millions of voters and pressure officials, including Vice President Mike Pence, to reverse the 2020 election results. Smith intended to argue that these actions culminated in the violent January 6 attack on the Capitol by thousands of Trump supporters.
In a separate Florida case, Smith also accused Trump of jeopardizing national security by retaining highly classified military documents at Mar-a-Lago after leaving office.
However, after Trump’s victory in November, prosecutors dropped both cases, citing a longstanding policy against charging a sitting president.
Now, Smith’s attempt to share his findings with the public is at risk. Following requests from Trump and two co-defendants, U.S. District Judge Aileen Cannon — overseeing the classified documents case — has prevented Attorney General Merrick Garland from publicly disclosing Smith’s report, even regarding parts unrelated to her case. Complicated court proceedings have further obscured the situation.
This may lead to the troubling possibility that many of Smith’s findings — those not already available through court filings and indictments — might remain undisclosed or be suppressed indefinitely.
The examination and second-guessing of Smith’s work — along with the strategic choices made by Garland, who appointed him — will likely become a focal point in Washington, similar to the way the probe itself once was.
Smith’s quiet exit highlights a perennial truth in Washington: regardless of the legal or ethical stakes, the main objective is often winning.
Had Trump lost, his first public encounter with Pence in years might have taken place in a courtroom rather than during an awkward moment at President Jimmy Carter’s funeral. Trump would have faced the daunting possibility of dedicating the remainder of his life to defending against criminal charges.
As it stands, in just nine days, Trump will reclaim the world’s most powerful office, and the individual who might have halted him? Just a footnote.
Ramin Sohrabi contributed to this report for TROIB News