Jack Smith, the special counsel who tried to bring down Donald Trump over classified documents, is still talking tough \u2014 even after his cases fell apart.<\/p>\n\n\n\n
According to The New York Times<\/em>, Smith made the remarks last month during a discussion at University College London with former Justice Department prosecutor Andrew Weissmann. Smith said the evidence demonstrated Trump\u2019s \u201cwillfulness\u201d\u2014a key legal element that distinguished Trump\u2019s case from the separate investigation into President Joe Biden\u2019s handling of classified documents, which resulted in no charges.<\/p>\n\n\n\n \u201cThe rule of law allows for different outcomes when the facts are different,\u201d Smith said. \u201cOne of the major differences between the two cases is the obstructive conduct in the case that I investigated.\u201d<\/p>\n\n\n\n He explained that to prove illegal possession of classified documents, prosecutors must show the defendant knowingly broke the law. <\/p>\n\n\n\n \u201cIn my particular case, we had tons of evidence of willfulness,\u201d Smith said, pointing to Trump\u2019s repeated public claims that the documents were his and his refusal to return them after investigators demanded their return.<\/p>\n<\/blockquote>\n\n\n\n Smith even cited Trump\u2019s social media posts as proof of guilt \u2014 saying Trump\u2019s insistence that the documents were his somehow showed \u201cwillfulness.\u201d Critics say that sounds more like criminalizing free speech than proving a crime.<\/p>\n\n\n\n Trump fired back on Truth Social: \u201cHe is a CRIMINAL AND SHOULD BE IN JAIL. A MAJOR LOWLIFE AND FAILURE.\u201d<\/p>\n\n\n\n But the facts tell a different story: Biden walked free, Trump\u2019s case got tossed, and Smith\u2019s record of political prosecutions is in tatters.<\/p>\n\n\n\n Both of Smith\u2019s cases have since been dismissed. A federal judge threw out the classified documents case in July 2024, and Smith dropped election-related charges after Trump\u2019s November victory. The Justice Department\u2019s own guidance bars the indictment of a sitting president, and the Supreme Court expanded presidential immunity in a ruling last year.<\/p>\n\n\n\n Meanwhile, congressional Republicans have referred Smith to the Justice Department for allegedly overstepping his authority by subpoenaing metadata from lawmakers\u2019 phones during his probe into Trump\u2019s efforts to overturn the 2020 election.<\/p>\n\n\n\n\n