
We all need the challenge of Jack Smith right now
A version of this essay first appeared in Crash Course, Salon’s free morning newsletter. Sign up to get early access to stories like this and other bold journalism from Salon about how policies, movements and culture wars affect real people.
It was a little tense watching Jack Smith get grilled in front of the Senate Judiciary Committee on Tuesday. During his testimony, the former special counsel defended himself against accusations of partisanship in his unsuccessful attempt to prosecute President Donald Trump two years ago. The chaos of the current era has made the 2024 presidential campaign seem like a decade ago, but it’s important to remember that Smith secured one indictment over Trump’s role in the Jan. 6 attack on the U.S. Capitol, and one for his alleged mishandling of government records, including classified documents he had stored at Mar-a-Lago. Both cases collapsed when Trump was elected to a second term.
Now Republicans, including Trump, are pushing for Smith himself to be prosecuted. It wasn’t the first time he was hauled before Congress so lawmakers could get the sound bites needed for Fox News’ successes. But admittedly, Smith has doubled down and said he will sue the president again.
“Our investigation established proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation,” Smith said during the hearing, adding: “If I were asked if I should prosecute a former president today, based on the same facts, I would do so, whether that president was a Republican or a Democrat.”
Republicans used the opportunity to hurl insults and accusations at Smith for hours. Texas Sen. Ted Cruz accused him of bringing “the Department of Justice into disrepute,” while Louisiana Sen. John Kennedy was more explicit, telling Smith, “You make me want to throw up in my mouth.”
Sen. Eric Schmitt of Missouri claimed that Smith “would be considered a complete garbage bag” and also tried to trap the former special prosecutor in possible perjury, accusing him of attending a 2024 Atlanta Hawks game as an excuse to meet with Fani Willis, the local prosecutor who prosecuted Trump in Georgia. But Schmitt — or some staff members who will soon be looking for jobs — have apparently confused the Hawks and the Iowa Hawkeyes — which are different teams, as it turns out. Smith had watched the Hawkeyes play in Maryland. (As a non-sports person, I admit I might have made the same mistake unless I checked my facts.) Sen. Amy Klobuchar, D-Minn., did Schmitt a favor by pointing out his error, joking, “Maybe you should have looked at it more carefully.”
This only further angered Schmitt, who is reportedly seeking to become Vice President JD Vance’s running mate in 2028.
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The whole thing, including a billboard of Smith’s enlarged text messages, was incredibly lazy, even for this Congress. It seemed that an assistant suffering from conspiracy brain hadn’t bothered to check the details, or perhaps he had asked ChatGPT for help. Still, getting the facts wrong probably won’t hurt Schmitt. He made offensive remarks that earned him the MAGA seal of approval.
Not surprisingly, Democrats also defended Smith. “The continued smears against Mr. Smith are petty, personal and political,” said Illinois Sen. Dick Durbin. Cory Booker of New Jersey said, “This is a spotlight on the American people,” telling Smith, “I’m so sorry that they’re trying to bring investigators to justice while ignoring the extraordinary conduct that they have a duty to truly investigate.” »
Maybe this all seems like theater, more fodder for cable news spectacle. But the stakes for Smith are real, and this charade could also have serious consequences for Americans. Since returning to office, Trump has worked overtime to defeat his enemies. It hasn’t been very successful yet – that’s what’s being highlighted for now – but it’s about much more than potentially putting Smith behind bars. By playing the victim, the president benefits from controlling the narrative, and perhaps rewriting history, which becomes even more critical as the midterm elections approach and he continues to promote the lie that he won the 2020 election. So Smith continuing to give the proverbial finger to the president and his MAGA trolls is not only satisfying — it’s necessary.
I’m not a fan of Smith, although I certainly admire him for being a prosecutor who specialized in investigating war crimes committed during the Kosovo War. It seems wrong to turn public figures like Dr. Anthony Fauci or Sen. Jon Ossoff, Democrat of Georgia, into heroes or thirst traps simply for doing their jobs. Yet it is worth noting that someone in the hot seat is doing more than just supporting the idea of a just and responsible society, knowing that the consequences extend far beyond their own personal freedom.
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