JOIN USWho is Jack Smith, the special counsel who indicted Trump?
Jack Smith, appointed in November to investigate former President Donald Trump, is a hard-driving, flinty veteran Justice Department prosecutor chosen for his experience in bringing high-stakes cases against politicians in the United States and abroad.
Attorney General Merrick Garland tasked him with overseeing two investigations into Trump: one into his attempt to overturn the 2020 election, including the lead-up to the Jan. 6, 2021, attack on the Capitol, and the other into Trump’s retention of classified materials at his residence in Florida.
He was “the right choice to complete these matters in an evenhanded and urgent manner,” Garland said in announcing the appointment of Smith, who had been serving as the top prosecutor investigating war crimes in Kosovo in The Hague, Netherlands.
Smith, 54, has cut an elusive figure since his appointment in November to investigate Trump. He has granted no interviews and kept a profile so low that a recent sighting of him emerging from a Subway with lunch was news in the Justice Department headquarters across town.
But on Friday, he made a concise case for his decision to charge Trump in connection with his retention of classified documents.
“Adherence to the rule of law is a bedrock principle of the Department of Justice,” Smith said. “And our nation’s commitment to the rule of law sets an example for the world. We have one set of laws in this country, and they apply to everyone.”
Trump and congressional Republicans have accused the Justice Department of pursuing a politically motivated investigation intended to destroy Trump’s chances of retaking the White House, including by leaking details of the case. But department officials have said Smith is committed to conducting a fair investigation, and he has defended his own lawyers against attacks from the Trump team, who accuse them of using unethical tactics.
John Luman Smith was born June 5, 1969, and grew up in Clay, New York, a suburb of Syracuse. He graduated from the State University of New York at Oneonta in 1991 before attending Harvard Law School.
Smith started out as a prosecutor in the Manhattan district attorney’s office shortly after graduating, and soon moved to a similar job at the US attorney’s office in Brooklyn. Over the next decade, he rose to a series of supervisory positions, including chief of criminal litigation, overseeing dozens of prosecutors pursuing cases involving gangs, violent crime, financial fraud and public corruption.
Former colleagues said he stood out from the start. He was more intense and more focused than many of his peers. He was known for his succinct and effective courtroom style — so much so that senior attorneys in the office would advise junior prosecutors to watch his trials and take notes, according to a person who worked with him in Brooklyn.
During that time, Smith met Marshall Miller, now the top adviser to Deputy Attorney General Lisa Monaco, and the two men worked closely during an investigation into the brutal attack of Abner Louima, a Haitian immigrant who was sexually assaulted by police with a broomstick inside a Brooklyn precinct in 1997.
Miller — along with Leslie Caldwell, a former department official close to both men — was instrumental in Smith’s selection as special counsel, telling Monaco and Garland that his independence and aggressiveness made him the ideal person for the job, according to several people with knowledge of the situation.
His competitiveness is not limited to the law.
Smith is an avid runner and cyclist who began competing in triathlons in 2002, even though he was initially a weak swimmer who could barely complete a single lap. Since then, he has participated in at least nine full Iron Man triathlons, including in Germany, Brazil, Canada and Denmark.
It has not been without hazards. In the 2000s, he was struck by a truck while biking, badly fracturing his pelvis. “After the crash, I was always dealing with some injury,” he said in an interview in 2018. “I went through several years of seeing many, many, many therapists with no real improvement.”
From 2010 to 2015, Smith led the Justice Department’s public integrity unit, which investigates politicians and other public figures accused of corruption.
When he took over, the unit was reeling from the collapse of a criminal case against former Sen. Ted Stevens, R-Alaska. In Smith’s first few months on the job, he closed several prominent investigations into members of Congress without charges.
At the time, Smith brushed off the suggestion that he had lost his nerve.
“If I were the sort of person who could be cowed,” Smith said, “I would find another line of work.”
Among his more notable corruption cases was a conviction of Robert McDonnell, a Republican former governor of Virginia, that was later overturned by the Supreme Court, and a conviction of former Rep. Rick Renzi, R-Ariz., whom Trump pardoned during his final hours as president.
Trump’s team seized on his spotty record of success in high-stakes cases to cast doubt on his indictment of the former president. The Trump campaign sent out a fact sheet on Smith when news of the indictment broke Thursday, accusing him of trying to “target conservatives during the Obama era” — even though he also investigated Democrats, including Sen. Robert Menendez of New Jersey, during his tenure.
In 2015, Smith left Washington to accept a post in the federal prosecutor’s office in Nashville, Tennessee, in part to be closer to family members who had relocated there. He was appointed as acting US attorney when Trump fired Obama-appointed attorneys, but left for a job at a private health care company after being passed over for a permanent appointment in the post, according to a law enforcement official who worked with him in Tennessee.
By late 2017, he had grown restless and jumped at the chance to move to The Hague to oversee the prosecution of defendants accused of war crimes in the Kosovo conflict in the late 1990s, after having served a stint there as a junior investigator earlier in his career.
When Garland’s aides contacted Smith, he and his team were fresh off the conviction of a high-ranking official in Kosovo and preparing a case against the country’s former president, Hashim Thaci, who has been connected with the killings of 100 Albanians, Roma and Serbs.
Smith expressed regret at not being able to be in The Hague for the trial, but eagerly accepted Garland’s offer, according to officials, saying he viewed his long-term obligations to the department as his primary professional responsibility.
His homecoming was delayed, however, by another biking accident that left his leg badly injured, and he arrived in Washington in late December.
Since then, Smith has assembled a team that includes career prosecutors from the US attorney’s office in Washington and the department’s national security division who were already working on the Trump investigations, along with several trusted aides.
Trump’s team has been critical of Smith’s aides, accusing Jay Bratt, a top official of the national security division, of inappropriately pressuring witnesses. But one of Trump’s lawyers at the time, James Trusty, worked closely with Smith when they served in the department’s criminal division. Trusty, who left Trump’s legal team a day after the former president was indicted, has been dismissive of the government’s case in public; but he has privately told associates that Smith is a tough and formidable opponent.
Still, veteran prosecutors in the department said that the image Trump and his rivals have projected of Smith — as a gung-ho prosecutor eager to bring charges — missed the mark. They said he was committed to making decisions, no matter the outcome, without delay and in line with his mandate to act before the 2024 presidential campaign hits full stride.
Former colleagues said Smith’s most memorable attribute was a stripped-down management style that put a premium on gathering enough information to make a charging decision as swiftly as possible.
“He doesn’t like to sit there, playing with his food,” said one person who worked with him for several years.
He also seemed comfortable with his somewhat mysterious reputation if it gave him an edge.
Case in point: Smith sat impassively, saying little and allowing subordinates to do most of the talking during a high-stakes meeting Monday with Trump’s lawyers to discuss a letter informing them that a prosecution was imminent, according to a person familiar with the situation.