Jack Smith Says He Expects Prosecution by Trump Justice Department
The former special counsel who twice indicted President Trump delivered his sharpest criticism of the Justice Department since leaving his post, stating it now targets people for prosecution simply because the president dislikes them. Smith made the remarks during a private April 20 discussion at the Cosmos Club in Washington. He believes he is likely to face prosecution at Trump's demand.
Substrate placeholder — needs review · Wikimedia Commons (CC BY-SA 3.0)Jack Smith, the special counsel who twice indicted President Trump, accused the Justice Department of having been corrupted by Trump loyalists he claimed were demolishing its credibility and seeking to undermine the rule of law. Smith's remarks were made last month during a private discussion at the Cosmos Club in Washington on April 20.
They represented his sharpest criticism of the department since leaving his post early last year.
Video footage of the event was obtained by The New York Times. "We have a Department of Justice today that targets people for criminal prosecution simply because the president doesn’t like them," Smith said in the hourlong discussion. He spoke in the deliberate cadence of a prosecutor delivering a closing argument.
Smith said the Justice Department fails to investigate cases because they might uncover facts that are inconvenient to narratives the president would like to press. He added that the department fails to move on cases for the same reason. President Trump is demanding that Jack Smith be prosecuted for his work as special counsel.
Smith believes it is likely he will be prosecuted, according to people familiar with his thinking. Smith was appointed in late 2022 to investigate President Trump’s post-presidency retention of government documents and his push to overturn the 2020 election. His comments cited what he cast as the wholesale erosion of the department’s tradition of independence from the White House.
Key Facts
Story Timeline
4 events- 2022 (late)
Jack Smith appointed special counsel to investigate Trump’s retention of government documents and efforts to overturn 2020 election
1 sourceThe New York Times - Early 2025
Jack Smith leaves his post as special counsel
1 sourceThe New York Times - 2026-04-20
Smith delivers remarks at private discussion at Cosmos Club in Washington
2 sourcesThe New York Times · Jack Smith - 2026-05-06
New York Times obtains and reports on video footage of Smith's April 20 remarks
1 sourceThe New York Times
Potential Impact
- 01
Highlights ongoing debate over political influence at the Justice Department
- 02
Escalates public dispute between former special counsel and current administration over DOJ independence
- 03
May intensify calls for investigation or charges against Smith by Trump allies
Transparency Panel
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