Current:Home > FinanceWho is Jack Smith, the special counsel overseeing the DOJ's Trump probes? -RiskWatch
Who is Jack Smith, the special counsel overseeing the DOJ's Trump probes?
View
Date:2025-04-16 15:45:04
Attorney General Merrick Garland tapped Jack Smith, a longtime federal prosecutor and former head of the Justice Department's public integrity section, as special counsel to oversee the DOJ's investigation into former President Donald Trump's efforts to overturn the 2020 election results, as well as his handling of classified materials after leaving office.
"Mr. Smith is the right choice to complete these manners in an evenhanded and urgent manner," Garland said at a press conference in November 2022.
Trump was indicted on Aug. 1 on charges of undertaking a "criminal scheme" to overturn the results of the 2020 election by allegedly enlisting a slate of so-called "fake electors" targeting several states; using the Justice Department to conduct "sham election crime investigations"; trying to enlist the vice president to "alter the election results"; and doubling down on false claims of a stolen election as the Jan. 6 riot ensued -- all in an effort to subvert democracy and stay in power, according to Smith's prosecutors.
MORE: Attorney General Garland names special counsel in Trump Mar-a-Lago and Jan. 6 probes
Trump told ABC News the charges were a "pile-on" and said "it's election interference" meant to keep him from winning back the presidency.
In June, Trump pleaded not guilty to 37 criminal counts related to his handling of classified materials, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information ranging from U.S. nuclear secrets to the nation's defense capabilities. He has denied all charges and denounced the probe as a political witch hunt.
As special counsel, Smith will "exercise independent prosecutorial judgment to decide whether charges should be brought," Garland said while announcing Smith's appointment last year.
Smith said in a statement released in November through the Justice Department that he would "exercise independent judgment" and work "expeditiously and thoroughly to whatever outcome the facts and the law dictate."
"The pace of the investigations will not pause or flag under my watch," Smith said.
Former colleagues have characterized Smith as an aggressive prosecutor who would not shy away from taking on difficult prosecutorial judgments, with the background and temperament that make him a strong selection for the high-profile role.
"When it comes to investigating allegations of sophisticated federal criminal matters, Jack Smith is the gold standard," Edward J. Loya Jr., a former colleague in the public integrity section at the DOJ, told ABC News.
"He brings a tremendous amount of judgment, experience, and energy to the job and inspires those who work for him to do their best work. I am confident he will take on this role without fear or favor," said Loya, who is now at the law firm Epstein Becker Green.
Greg Andres, a former federal prosecutor who worked with Smith for more than a decade, lauded Smith as "uniquely qualified given his experience and his judgment."
"It's hard for me to think of a better choice -- he's independent, thoughtful, deliberate. He's going to do what's right and he has a tremendous amount of experience," said Andres, who is now at the law firm Davis Polk. "He'll turn over every stone, but he'll do it in a timely manner."
MORE: Trump hit with sweeping indictment in alleged effort to overturn 2020 election
James McGovern, a former federal prosecutor with Smith in the Eastern District of New York, and now in private practice at Hogan Lovells, called Smith "the consummate prosecutor and public servant."
"I have no idea what his political beliefs are because he's completely apolitical," McGovern said. "He's committed to doing what is right."
Smith has most recently served since 2018 as chief prosecutor in the International Criminal Court (ICC) in The Hague, Netherlands, where he was tasked with investigating and adjudicating war crimes in Kosovo.
Prior to his time in the Hague, Smith served in multiple roles with the Justice Department, including as an assistant U.S. attorney in the Eastern District of New York and as first assistant U.S. attorney for the Middle District of Tennessee.
In 2010, Smith took the helm of the department's public integrity unit, where he oversaw high-profile cases that often targeted elected officials.
MORE: Donald Trump indicted for 2nd time, in classified documents investigation: Sources
His section played a role in the failed prosecution of former senator and Democratic presidential candidate John Edwards for alleged campaign finance violations aimed at hiding an extramarital affair. Smith was chief when Edwards was indicted in 2011, but the DOJ dropped the case after a trial led to a deadlocked jury.
Smith has also demonstrated the capacity to drop cases when the evidence does not bear out a crime, former colleagues said, pointing to his decision to close a years-long case against former Rep. Tom Delay, R-Texas.
"If there is not a case, there will not be a case," said Brian Kidd, a former colleague at the Justice Department who is now a partner at Morrison Foerster. "He is not interested in prosecuting somebody for the point of prosecuting. If it moves to that next level, it's because the facts are there and he believes a crime was committed."
In 2014, House Republicans interviewed Smith as part of their investigation into whether the Obama-era IRS may have targeted conservatives for enforcement actions. Smith also oversaw the DOJ's subpoenaing of at least one reporter for testimony and documents about their sources -- a controversial practice that Attorney General Garland recently prohibited.
During his time in the Eastern District in New York, Smith prosecuted a man named Ronell Wilson for murdering two New York Police Department detectives. Wilson in 2006 became the first person sentenced to death since the reinstatement of the federal death penalty in 1988.
MORE: Jack Smith's special counsel probe cost over $5 million in opening months, says DOJ report
Smith is the second special counsel to investigate Trump, after former FBI Director Robert Mueller probed the Trump campaign's ties to the Russian government during the 2016 presidential campaign.
Andres, a former member of Mueller's team, said Smith will be an important figure not only in managing the investigation of Trump, but also symbolically as a figurehead for the probe.
"The most important thing is who is running the investigation -- think about it in the context of Robert Mueller," Andres said. "The story is Jack Smith."
Editor's Note: This story was originally published in November 2022 and has been updated.
veryGood! (4)
Related
- Federal court filings allege official committed perjury in lawsuit tied to Louisiana grain terminal
- Police Officer Catches Suspected Kidnapper After Chance Encounter at Traffic Stop
- Read Ryan Reynolds' Subtle Shout-Out to His and Blake Lively's 4th Baby
- For 3 big Alabama newspapers, the presses are grinding to a halt
- Intellectuals vs. The Internet
- Epstein's sex trafficking was aided by JPMorgan, a U.S. Virgin Islands lawsuit says
- As Climate Change Hits the Southeast, Communities Wrestle with Politics, Funding
- The Biomass Industry Expands Across the South, Thanks in Part to UK Subsidies. Critics Say it’s Not ‘Carbon Neutral’
- John Galliano out at Maison Margiela, capping year of fashion designer musical chairs
- Warming Trends: Farming for City Dwellers, an Upbeat Climate Podcast and Soil Bacteria That May Outsmart Warming
Ranking
- Meet the volunteers risking their lives to deliver Christmas gifts to children in Haiti
- Cryptocurrency giant Coinbase strikes a $100 million deal with New York regulators
- How to keep your New Year's resolutions (Encore)
- A Call for Massive Reinvestment Aims to Reverse Coal Country’s Rapid Decline
- Trump invites nearly all federal workers to quit now, get paid through September
- In Florida, Environmental Oversight Improves Under DeSantis, But Enforcement Issues Remain
- RHONJ Fans Won't Believe the Text Andy Cohen Got From Bo Dietl After Luis Ruelas Reunion Drama
- James Lewis, prime suspect in the 1982 Tylenol murders, found dead
Recommendation
The FTC says 'gamified' online job scams by WhatsApp and text on the rise. What to know.
Prince Harry and Meghan Markle Part Ways With Spotify
Jobs Friday: Why apprenticeships could make a comeback
Southwest promoted five executives just weeks after a disastrous meltdown
Stamford Road collision sends motorcyclist flying; driver arrested
Chelsea Handler Trolls Horny Old Men Al Pacino, Robert De Niro and More Who Cannot Stop Procreating
As Climate Change Hits the Southeast, Communities Wrestle with Politics, Funding
The RuPaul's Drag Race All Stars Cast Reveals Makeup Hacks Worthy of a Crown