Bringing historic federal charges against Trump was just the start. The challenge for Justice Department Special Counsel Jack Smith is to make the charges stick
against Donald Trump was just the start. The challenge for Justice Department Special Counsel Jack Smith, as he prepares to argue in court that the former President illegally took national defense secrets to his Florida home and willfully defied efforts to get them back, is to make the charges stick.
Smith has spent nearly his entire career prosecuting cases. Raised outside Syracuse, New York, he graduated from State University of New York at Oneonta, and shortly after finishing Harvard Law School was hired in the Manhattan district attorney’s office and then the U.S attorney’s office in Brooklyn. He worked his way up in the Justice Department to eventually lead the public integrity unit that brings cases against public officials accused of corruption.
Speaking briefly after the charges were unveiled, Smith reminded Americans that Trump is innocent until proven guilty and that the nation’s laws apply to everyone. But when it comes to making a high-profile criminal case, the particularities of the courtroom can make all the difference. Nearly everyone in the country has an opinion about Donald Trump. It only takes one holdout juror to result in a mistrial.
The “number one challenge” on Smith’s mind has to be that the case will be presided over by Cannon “given that she’s shown that she will be partial to him in her prior rulings,” says Renato Mariotti, a former federal prosecutor. Cannon was appointed by Trump to the bench in 2020, and after the FBI searched Mar-a-Lago, Cannon ordered a special master to sift through the documents to decide what should be returned to the government, but was overruled by a higher court.
Norm Eisen, an anti-corruption expert at Brookings Institution and the former special counsel to the House Judiciary Committee from 2019 to 2020 during Trump’s first impeachment says that Smith’s case will face a “less favorable jury pool” than if the case had been brought in Washington, D.C. “But I think it’s to the prosecutors credit that they did not play games with venue,” Eisen said.
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