On November 18, 2022 — three days after Trump announced his 2024 presidential campaign — Attorney General Merrick Garland appointed Jack Smith as special counsel. Smith, a veteran federal prosecutor who had led the DOJ’s Public Integrity Section and served as a war crimes prosecutor at The Hague, was handed two of the most consequential investigations in American legal history.
The Mandate
Smith’s appointment covered two matters: Trump’s retention of classified documents after leaving office and his attempts to overturn the 2020 election results. Both investigations had been underway at the DOJ. Garland appointed a special counsel to insulate the investigations from claims of political bias, given that Trump was now an active candidate running against the president Garland served.
What Smith Produced
Classified documents case (June 8, 2023): 37 felony counts in the initial indictment, later superseded to 40. Charges under the Espionage Act, plus obstruction, conspiracy, and false statements. The evidence included photographs of boxes next to a toilet, audio of Trump admitting the documents were classified, and testimony about deliberate efforts to hide materials from investigators.
January 6 case (August 1, 2023): 4 felony counts — conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction, and conspiracy against citizens’ right to vote. The indictment documented the fake elector scheme, the pressure on Pence, the attempt to corrupt the DOJ, and the exploitation of the Capitol breach.
The Obstacles
The classified documents case was assigned to Judge Aileen Cannon in the Southern District of Florida — a Trump appointee who had already made questionable rulings favorable to Trump. She delayed the case repeatedly, denied routine prosecution motions, and ultimately dismissed the entire indictment in July 2024 on the grounds that Smith’s appointment was unconstitutional. Legal scholars overwhelmingly disagreed. Smith appealed, but the appeal became moot after the election.
The January 6 case was moving toward trial when the Supreme Court intervened in June 2024 with a ruling granting presidents broad immunity from prosecution for “official acts.” Smith filed a narrowed superseding indictment and a 165-page evidentiary brief. The case was still alive when Trump won the election on November 5. On November 25, Smith dismissed it.
Bottom Line
Jack Smith did exactly what he was appointed to do: investigate, indict, and prepare for trial. He was obstructed by a friendly judge, hamstrung by a Supreme Court immunity ruling, and ultimately defeated by the election result. The evidence he compiled — 165 pages of it, meticulously sourced — exists in the public record. No trial. No verdict. No accountability. The appointment was the system working. Everything that followed was the system failing.
Sources
- DOJ: Special Counsel Jack Smith appointment and official documents.
- Associated Press: Smith appointment coverage, November 18, 2022.
- New York Times: Garland’s announcement and Smith’s background.