Special Counsel Jack Smith, who brought two controversial criminal cases against President-elect Donald Trump during the Biden administration, is reportedly scrambling to secure legal representation ahead of anticipated criminal charges from the Trump Department of Justice, according to Rolling Stone. The report, citing two sources familiar with the situation and a former DOJ official, states that several attorneys and staff members from Smith’s team have already retained personal legal counsel.
The move reflects growing concerns among Smith and his team about potential criminal prosecution related to their handling of the contentious cases, the outlet added. The first case brought by Jack Smith, which charged Donald Trump with multiple felonies for allegedly mishandling classified documents, was dismissed earlier this year by U.S. District Judge Aileen Cannon. Judge Cannon ruled that Smith’s appointment was unconstitutional, a decision Smith initially vowed to appeal before disbanding his office following Trump’s election.
The case centered on claims that Trump mishandled classified documents, despite his legal team maintaining regular communication with the National Archives about the materials. Trump’s team argued that he was cooperating fully and had no reason to suspect wrongdoing. Nevertheless, heavily armed FBI agents, authorized to use deadly force, conducted a high-profile raid on Trump’s home while he was a presidential candidate.
Agents subsequently staged a photo op featuring “top secret” folders, creating the impression that the president-elect was hoarding large quantities of classified documents. This led to several debunked conspiracy theories about the contents, including a false claim that Trump was “selling nuclear secrets.” Notably, the folders were not part of the alleged classified documents but were prominently displayed in a viral photo from the raid. Later, Smith conceded that the photo taken by FBI agents was a fabrication.
Trump maintained that the alleged classified documents in question had been declassified before he left office. The boxes were reportedly stored in a secure, locked room under 24-hour surveillance. In contrast, a February report by Special Counsel Robert Hur detailed President Biden’s mishandling of classified materials. Classified documents were discovered in multiple locations linked to Biden, including an office in Philadelphia and the garage of his Wilmington, Delaware home. Biden, as a former U.S. senator and vice president, had no authority under federal law to possess or declassify secret documents.
Hur’s report concluded that President Biden had mishandled classified documents but decided against filing charges, suggesting a jury might view the president as a forgetful, elderly man. The report also raised concerns about Biden’s mental fitness, highlighting instances where he struggled to recall key details about his life, such as the timeline of his vice presidency and the date of his son Beau’s passing.
