Remember Jack Smith? The special counsel who secured two separate indictments of President Trump has resurfaced to enlist left and right to defend the rule of law.
Smith, a career prosecutor in the Department of Justice, was accused of conducting a “political vendetta” against Trump. In a sizzling counterattack launched in speeches at George Mason University on Sept. 16 and again at University College London earlier this month, Smith described a political machine in the Justice Department, Congress and the White House that has decided to wage “lawfare” against Trump’s political enemies, one by one.
The list is growing. Former FBI director James Comey stands indicted for perjury with the flimsiest indictment I have ever seen. New York Attorney General Letitia James (D), who dared to sue Trump over his business practices when out of office, has been charged with mortgage fraud in another weak case that smacks of selective prosecution.
Mortgage fraud has become a principal weapon in Trump’s arsenal — Sen. Adam Schiff (D-Calif.), another Trump foe, is also said to be under investigation for it. Trump has also tried to fire Biden-appointed Federal Reserve Governor Lisa Cook over the same peccadillo.
And let’s not overlook the latest target, John Bolton. The 18-count classified documents case against him may be more substantial than the others, but lest we forget, he called Trump “stunningly uninformed,” “a danger for the republic,” and “unfit for office.” Trump, styling himself the nation’s “chief law enforcement officer,” called Bolton “a lowlife,” and “a sleazebag.”
Of Bolton’s 2020 book, “The Room Where It Happened,” Trump said, “I believe, frankly, he should go to jail for that.” He may well.
Attorney General Pam Bondi revealed the administration’s shameful disregard for established norms when she testified before the Senate Judiciary Committee on Oct. 7. Her answers were so vitriolic and non-responsive that even some Republicans objected to the theatrics.
Bondi’s appearance inspired a satirical skit on Saturday Night Live, with Amy Poehler taking us along for the ride. Former U.S. Attorney and Michigan Law Professor Barb McQuade applauded the skit, saying this “kind of satire may be just what we need to expose the senselessness of the Trump administration."
As Poehler's Bondi character stated in response to a question from “Senator Blumenthal” about the Comey indictment, “Before I don’t answer I’d like to insult you personally.” And in response to a question from “Senator Whitehead,” she replied, “I’m not going to dignify that question with a lie.”
When it comes to Trump weaponizing justice, here are some of the choice cherries Smith picked from the tree:
The pardons and commutations given to everyone convicted of violent crimes on Jan. 6. As Smith put it: “They were pardoned by the president because they committed their crimes in his name and in his interest.” Smith said that Comey’s recent perjury indictment “just reeks of lack of process.” "The career prosecutors ... who analyzed this said there wasn’t a case, and they were purged. And so, they brought somebody in who had never been a criminal prosecutor, on days’ notice, to secure an indictment a day before the statute of limitations ended.” Of New York City Mayor Eric Adams’s indictment for corruption, he said, “The case against the mayor was dismissed in the hopes that he would support the president’s political agenda. I mean, just so you know, nothing like it has ever happened that I’ve ever heard of.” “Refusing to even open a criminal investigation when [Defense Secretary Pete Hegseth] broadcast what was clearly classified information over a commercial messaging app.” Said Smith, “there is no Justice Department under any previous administration, Republican or Democrat, that on these facts, would not have opened a criminal investigation, where the lives of our service members were put at risk.” So why Bolton and not Hegseth? Smith also noted how some career prosecutors have left the Justice Department. “They’re being asked to do things that they think are wrong.” Smith said. “And I think that explains why you’ve seen the resignations you’ve seen.” “No man is above the law, and no man is below it; nor do we ask any man’s permission when we require him to obey it,” he told the George Mason students, quoting Theodore Roosevelt. And then, Smith added: “When we say we have no kings in this country, that’s what we’re talking about.”Meanwhile, House Republicans have requested that Smith testify about what they described as his “partisan and politically motivated prosecutions” of Trump.
Tell me about “no kings!” Cicero’s lament is so apt — “Oh, the times, Oh the customs."
James D. Zirin, author and legal analyst, is a former federal prosecutor in New York’s Southern District. He is also the host of the public television talk show and podcast Conversations with Jim Zirin.
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