Jack Smith

Jack Smith (born June 5, 1969) American career prosecutor who in November 2022 was appointed special counsel in the U.S. Department of Justice (DOJ) in charge of two ongoing investigations into possible criminal activity by former U.S. president Donald Trump. One investigation was related to Trump’s retention and alleged concealment of classified documents after his departure from the White House in January 2021, and the other concerned Trump’s alleged incitement of the January 6, 2021, attack on the U.S. Capitol, in which a mob of his supporters attempted to halt Congress’s formal certification of Joe Biden’s victory over Trump in the presidential election of 2020. The latter investigation was expanded during the first year and a half of the Biden administration to encompass the funding and organization of the January 6 attack and possible broader efforts by Trump and his aides to overturn the election, including by creating “fake” slates of pro-Trump electors in certain swing states. Smith later issued criminal indictments of Trump on charges related to his efforts to overturn the 2020 election and, in another case, on charges related to his possession of classified documents after the end of his first presidential term in 2021. Following Trump’s election to a second term in November 2024, Smith requested that the criminal charges related to overturning the election be dropped and that Trump be removed as a codefendant in the classified documents case, which Smith had appealed to the Eleventh Circuit Court of Appeals.

Indictments of Donald Trump

In June 2023 Smith’s office filed indictments of Trump and his personal aide Waltine Nauta on multiple criminal charges stemming from the classified documents probe, including the willful retention of defense secrets in violation of the Espionage Act and obstruction of justice. In July 2024, the district court judge in the case, Aileen Cannon, finally dismissed Trump’s indictment on the basis of her finding that Smith had not been properly appointed as a special counsel. The next month Smith appealed Cannon’s ruling, arguing that it was inconsistent with earlier court decisions, existing federal legislation, and 25 years of Justice Department practice. Following Trump’s victory in the presidential election of 2024, Smith asked the Eleventh Circuit Court of Appeals to remove Trump from the group of codefendants in the case.

In July 2023 Trump announced on social media that he had received a “target letter” from the DOJ officially informing him that he was a subject of the broadened January 6 investigation. The letter, which was not made public, indicated that the DOJ was ready to seek an indictment of Trump from a federal grand jury on additional criminal charges. In August 2023 Smith’s office filed the expected indictment, which charged Trump with obstruction of an official proceeding and three counts of conspiracy: conspiracy to obstruct an official proceeding, to defraud the United States, and to impede the free exercise of the right to vote and to have one’s vote counted.

In January 2024 the trial date in the case was delayed after Trump appealed the district court’s ruling rejecting his contention that he should be immune from prosecution for actions he committed while serving as president. After an appeals court panel affirmed that Trump did not possess absolute, or permanent, immunity, the U.S. Supreme Court agreed to hear the case.

In a landmark decision (Trump v. United States) issued in July, the Court ruled that former presidents are entitled to absolute immunity from criminal prosecution for actions that involve the exercise of their “core constitutional powers” and to “presumptive immunity” for all other official acts. Although it was left to the district court to determine which of the acts for which Trump was indicted counted as “official,” the Court concluded that Trump should be “absolutely immune from prosecution” for the acts involved in his pressuring of the Justice Department to support his claims of voter fraud.

In August 2024 Smith filed a superseding indictment that took the Court’s ruling into account. The new indictment dropped specific counts relating Trump’s pressuring of the Justice Department but preserved the original indictment’s general charges. In October 2024, the district-court judge in the case, Tanya Sue Chutkan, publicly released a redacted version of the superseding indictment, which provided additional details in support of Smith’s contention that Trump’s efforts to overturn the 2020 election did not constitute protected official acts.

In early November, following Trump’s victory over Vice Pres. Kamala Harris in the presidential election of 2024, Smith filed a request with Chutkan asking for additional time to determine an appropriate course of action for the government that would be “consistent with Justice Department policy,” which has long prohibited the prosecution of sitting presidents. Later that month, Smith requested that Chutkan drop the charges against Trump “without prejudice,” meaning that the charges could be pursued again after the end of Trump’s second term.

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Education and career

John Luman Smith was raised in Clay, New York, a suburb of Syracuse. He attended the State University of New York (SUNY) at Oneonta, graduating summa cum laude in 1991, and Harvard Law School, where he received a Juris Doctor (J.D.) degree in 1994. After serving as a prosecutor in the Manhattan District Attorney’s office (1994–99), Smith joined the Brooklyn office of the U.S. attorney for the Eastern District of New York, where he held various supervisory positions, including that of chief of criminal litigation. From 2008 to 2010 he served as a director of investigations for the International Criminal Court (ICC) in The Hague. He returned to the United States in 2010 to take up an appointment as head of the DOJ’s Public Integrity Section, which investigates and prosecutes politicians and government officials accused of corruption. He later served as first assistant U.S. attorney and then acting U.S. attorney for the Middle District of Tennessee (2015–17), as vice president and head of litigation for the Hospital Corporation of America (2017–18), and, having returned to the ICC in 2018, as a “specialist prosecutor” of war crimes, crimes against humanity, and genocide committed by or against citizens of Kosovo between 1998 and 2000.

In November 2022, soon after Trump declared his candidacy for the 2024 Republican presidential nomination, U.S. Attorney General Merrick Garland announced that responsibility for the DOJ’s investigations of Trump would be shifted to a special counsel, whose independence from the attorney general’s office would help to ensure that the investigations would not be perceived as politically motivated (i.e., as attempts to discredit the Republican Party’s likely presidential candidate in the 2024 election). “Such an appointment,” Garland declared, “underscores the [Justice] Department’s commitment to both independence and accountability in particularly sensitive matters. It also allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law.” Garland’s selection of Smith as special counsel was reportedly motivated by Smith’s extensive experience in prosecuting high-level government officials and by his reputation for tenacity and efficiency. Despite Garland’s pronouncements, Trump’s supporters in Congress and other Republican leaders continued to reject the investigations as a blatant “weaponization” of the DOJ designed to undermine Trump’s candidacy and thereby benefit Biden’s expected bid for reelection in 2024 (Biden officially announced his candidacy in April 2023). After his indictment in the classified-documents investigation, Trump himself repeatedly denounced Smith in speeches and on social media, calling him “deranged” and a “psycho.”