Jack Smith Can Still Do Damage To Donald Trump – Here’s How

According to a report from NBC News, the Department of Justice and Special Counsel Jack Smith are seeking a way to “wind down” the two criminal cases against President-elect Donald Trump, meaning that he will likely face no consequences for his role in the Jan. 6, 2021 attack on the U.S. Capitol and improper handling of classified documents.

“Now that Trump will become president again, DOJ officials see no room to pursue either criminal case against him — and no point in continuing to litigate them in the weeks before he takes office, the people said.”

However, former U.S. Attorney Joyce Vance and national security reporter Marcy Wheeler say that doesn’t mean that Smith can’t do serious damage to Trump as he closes out those cases.

Vance explained her thoughts on Substack, writing:

At the conclusion of a special counsel’s investigation, section 600.9(a)(3) of the Special Counsel Regulations requires the Attorney General to provide Congressional leadership with “a description, and explanation of instances (if any)” where the Attorney General overruled an action the special counsel wanted to take. That requirement would be triggered if Smith proposed moving forward despite DOJ policy against prosecuting a sitting president (there were earlier reports he intended to continue his work through inauguration day), and the Attorney General countermanded him because of existing policy. It’s hard to assess what value a report like that might have, beyond information and evidence Smith’s court filings have already made public. It would at least guarantee there would be a permanent public record that would survive Trump’s certain demand that the Justice Department kill the cases against him.

In other words, the cases might not move forward, but the investigation would still see the light of day, which could be a proverbial albatross around Trump’s neck. And that might weaken him politically as he moves forward with his extreme right-wing agenda. It could also serve as the basis for a new criminal prosecution after Trump leaves office.

National Security reporter Marcy Wheeler also pointed to the report Smith must write and submit to his superiors at the DOJ.

“According to governing regulations, when a Special Counsel finishes his work, he must write a report to the Attorney General.”

She added:

“By telling the press that Smith is already working on shutting down the cases, Smith pre-empts any effort from Trump to offer another solution — and does so before Trump files his response to the immunity brief on November 21.”

“In other words, this may be no more than an effort to get one more bite at the apple, to describe what Smith found, which would be particularly important if there are still undisclosed aspects of the case, as I suggested there might be.”

We’re all familiar with the adage, “He laughs last laughs loudest.” And it appears Jack Smith is on the verge of having one hell of a last laugh right as Trump is raising his hand and taking the oath of office next January.