Arctic Frost: Special Counsel Jack Smith's Legal Exposure

TOP LINE

This week, former Special Counsel Jack Smith testified behind closed doors on Capitol Hill. Predictably, select portions of Smith’s prepared testimony were leaked to friendly media outlets.

These friendly media outlets reported that Smith emphasized President Trump’s alleged violations of law regarding the retention of classified records at Mar-a-Lago as well as the President’s challenges to the 2020 election.

In many ways, this is besides the point.  The Trump prosecutions are closed cases or hanging by a thin, legal thread.   The immediate question is whether Jack Smith has his own legal exposure to worry about:

DEEP DIVE

Smith’s closed door deposition on Capitol Hill had all the usual trappings of drama over substance. I know because I have covered dozens of similar closed door depositions. 

These closed door depositions can feel staged like a ‘hot pursuit.”

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While the cameras and reporters follow the subject to the closed door session, select portions of the subject’s prepared testimony are leaked to friendly journalists.  Both parties do it, not just the Democrats.

These outlets reported that former Special Counsel Smith claimed his investigators found ‘proof beyond a reasonable doubt’ that President Donald Trump engaged in a ‘criminal scheme’ to overturn the 2020 election (and ) repeatedly tried to ‘obstruct justice’ in the Mar-a-Lago classified records case.

This latter point is rich given Hillary Clinton’s mishandling of highly classified information through her use of an unsecured personal server for State Department business.   The Clinton server was accessible to third parties online. And there’s a more recent example in former President Biden who kept classified records in an open cardboard box, in his garage.  

NOTE:  One of the more intriguing theories floated among my law enforcement contacts is that President Obama was seemingly outmaneuvered on foreign policy because Clinton’s unsecured personal server…

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