Who Is Special Counsel Jack Smith, The Man Trump Wants Out?

Rob Korp and Madeleine Halpert

Post, BBC News

1. Experienced Prosecutor

Jack Smith has decades of experience, specializing in high-profile public corruption and war crimes cases.

2. Special Counsel Role

Appointed by the Department of Justice, Smith is investigating former President Donald Trump’s involvement in the January 6th Capitol attack and classified documents found at Mar-a-Lago.

3. International Background

Previously led war crimes investigations at The Hague, bringing expertise in complex legal cases.

4. Trump's Criticisms

Trump has publicly criticized Smith, vowing to "fire" him, calling the investigations politically motivated.

5. Focus on Accountability

Smith’s role as Special Counsel underscores the DOJ’s commitment to holding high-profile figures accountable for alleged wrongdoing.

Although the US Department of Justice is considering dropping cases against President-elect Donald Trump, Elon Musk has made it clear that Jack Smith cannot go 'unpunished'.

Jack Smith works as a special counsel at the US Department of Justice. Last year, he filed two cases against Trump related to the discovery of classified documents and vandalism after the 2020 election.

But the U.S. Justice Department's long-standing policy is that a president cannot be prosecuted, so when Trump takes office in January, those cases established at the federal level will no longer be prosecuted.

It is worth noting that Trump said during his election campaign that he would "fire Jack Smith in two seconds" if he took office.

According to CBS News, the BBC's US partner, two sources said the current president has immunity from legal action and is necessary for a peaceful transition of power.

According to the AP news agency, before Trump's inauguration in January, the Department of Justice would like to have a better relationship with Trump.

Who is Jack Smith whom Trump wants to remove 'in two seconds'?

During November 2022, Jack Smith was appointed special counsel by Attorney General Merrick Garland.

Smith then filed two lawsuits against Trump. In the first, Trump is accused of inciting an angry mob that then stormed Capitol Hill on January 6, 2021.

The second case is that Trump allegedly kept classified documents at his residence in Florida, which the FBI recovered and tried to obstruct.

The classified documents case is languishing in the appeals court after a US judge dismissed it, saying the Justice Department did not properly appoint Jack Smith. Smith appealed the decision, which is pending.

The election meddling case was also stalled after the US Supreme Court ruled that the president is immune from legal action for any of his official actions.

Smith's team amended the case in August, alleging that Trump, as a political candidate, created the circumstances. In this case, the parties are trying to prove with their arguments whether the allegations are justified.

Billionaire Elon Musk, who spent more than 100 million dollars on Trump's election campaign, says that Jack Smith abused the justice system and cannot be punished.

Trump repeatedly said during his campaign that he would stop the legal battle launched by Smith and take action against other critics, including President Biden.

He repeatedly said without giving any evidence that the cases against him were framed on political grounds. Trump had even said that he would not only remove Jack Smith from office but "deport" him.

A Trump adviser told The Washington Post that the president-elect will take a special interest in appointing a new attorney general and will want to prove that he was "innocent." According to him, it is very unlikely that the Justice Department under Trump will hire the same prosecutor from Smith's office who investigated the president-elect.

Mike Davis, a Trump adviser, said he hopes Jack Smith will be investigated in various places, such as within the Justice Department and on the Judiciary committees in both houses.

What about the lawsuits against Trump?

As soon as Trump steps into the White House, most of his legal troubles will be over.

Trump currently faces four charges:

1. The Hush Money Case in New York

Trump was accused of bribing porn star Stormy Daniels.

Stormy Daniels claims that in 2016, when Trump was a presidential candidate, she paid $130,000 through her lawyer, Michael Cohen, on the condition that she would not disclose her relationship with Trump.

A jury found him guilty of all 34 counts in a civil trial in New York.

The judge was scheduled to sentence him on Nov. 26, but legal experts believe that because Trump is the first to be found guilty of such crimes and he is elderly, it is unlikely that he will have to go to prison.

Trump's lawyers could file an appeal in the case and argue that going to prison would interfere with his official duties, so he remains free pending the appeal. The appeals process can take years.

2. The Case for the Attack on Capitol Hill

After his defeat in the 2020 election, Trump was accused of inciting angry mobs to storm Capitol Hill. Trump maintains that he is innocent.

The Supreme Court had ruled that Trump had immunity as president, but Smith's team reversed the case and took the position that he did it all as a candidate.

There is a strong possibility that the case will be suppressed under the current circumstances.

According to former federal prosecutor Naima Rahmani, such legal challenges to Trump may be over. "Action cannot be taken against the current president, so the election fraud case established in the district court of DC can be dismissed."

Rahmani says Trump will remove Smith if he refuses, which he has already promised.

3. Case of confidential documents

Trump is accused of keeping classified documents at his Florida residence and obstructing their extradition.

A judge dismissed the charges in July and said Smith's deployment was illegal.

Smith filed an appeal against the decision. There are talks of ending this case before Trump comes to power.

Rahmani says that the secret documents case will also have the same fate as the election fraud case.

4. The Georgia Election Case

Georgia also filed a lawsuit against Trump over the 2020 election results.

The case faced several hurdles. There were attempts to disqualify the first District Attorney, Fannie Welles, on the grounds that she had an affair with a lawyer she hired.

Whether Wells can be allowed to work on the case is pending before the Court of Appeals.

The case could be further delayed and dismissed if Trump becomes president.

According to legal experts, as long as Trump remains president, the process can be stalled. According to Trump's lawyer Steve Seidow, it cannot be processed until Trump completes his term.

Can Trump pardon himself as president?

Technically yes! This would be the first time a US president has ever granted immunity in the past, but presidential pardons only apply to federal cases.

Trump was found guilty on 34 counts by a New York jury, so the pardon would not apply to the case.

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