The Key Role of Jack Smith, Special Counsel in Trump Indictments

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Donald Trump and Jack Smith found themselves together once again in a courtroom this Thursday, creating a sense of déjà vu. This is the second time in the past two months that the former US president has faced the special counsel, this time in Washington for his alleged involvement in a “criminal scheme” to overturn the 2020 election.

Seated just steps away from the veteran prosecutor appointed by US attorney-general Merrick Garland, Trump, who was previously charged in Miami for mishandling sensitive government documents, and Smith have everything at stake.

“Smith faces an enormous challenge in a country where there is a lack of agreement on certain facts and where the transfer of power as a democracy was on the verge of a violent interruption. This burden he carries is unparalleled,” says Ryan Goodman, a professor at New York University’s law school.

While Smith aims for speedy trials, it’s uncertain whether the cases will be decided before the 2024 election, where Trump is currently leading the race to become the Republican nominee. Nevertheless, the indictments, to which Trump has pleaded not guilty, have already secured Smith a place in the history of the US judiciary.

Smith, who tends to maintain a serious demeanor reflected by his salt-and-pepper beard, was not widely known outside of legal circles. Despite his apolitical nature, his role as the prosecutor of Trump has thrust him into the spotlight, attracting both support and criticism.

Supporters view him as the individual finally bringing the former president to justice for his attack on US democracy. Fan accounts have emerged on social media, and there are even websites selling memorabilia such as posters, mugs, T-shirts, and stickers declaring one’s “relationship status” with Jack Smith. The National Bobblehead Hall of Fame and Museum is even preselling the “first” bobblehead of the prosecutor.

On the other hand, detractors accuse Smith and the Department of Justice (DoJ) of politicizing the judiciary and attempting to hinder Trump’s prospects for the 2024 election. Trump himself has labeled the prosecution as a “witch hunt” and has made derogatory remarks about Smith and his wife.

This is not Smith’s first high-profile case. In the past, he served as the chief prosecutor in a special court at The Hague for Kosovo war crimes cases. He prosecuted former Kosovo president Hashim Thaçi, who has pleaded not guilty. Legal experts believe this experience has prepared him for handling polarizing and heavily scrutinized investigations.

Being the head of the Department of Justice’s public integrity section in the 2010s, Smith has also supervised prosecutions of US lawmakers, with varied outcomes. This includes cases against Democratic vice-presidential nominee John Edwards and former Republican governor Bob McDonnell, whose conviction was overturned by the Supreme Court.

In his earlier career at the US attorney’s office for the Eastern District of New York, Smith was involved in a high-profile police brutality case that resulted in the conviction of a Brooklyn police officer accused of participating in the rape of Abner Louima with a broken broomstick while in custody.

Smith’s determination is not limited to his legal endeavors. He is an avid endurance athlete, having completed numerous triathlons, half Ironmans, and full Ironmans, including the world championship.

Alan Vinegrad, former lead prosecutor in one of Smith’s cases, describes him as a hard-nosed guy you wouldn’t want to face in a criminal case.

Contact Stefania Palma at [email protected].

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