On Jack Smith's Record at the Supreme Court
Special Counsel Jack Smith served as lead prosecutor for the Public Integriy Section of the Justice Department's Criminal Division. In that role he advocated for broad statutory interpretations.
Justice Briefs is a weekly newsletter devoted to federal criminal prosecution. The federal government’s evolution over the last 230 years has given federal prosecutors significant discretion. Few realize it exists and even fewer know how it is used. Justice Briefs aims to make federal prosecutions and prosecutors more accessible to the general public. Please help me in this endeavor by subscribing and sharing with others.
Justice in Brief
*This past week, the Justice Department initiated charges against close to 200 people in 10 different states related to major drug trafficking organizations. According to to the Justice Department, these arrests were part of the Department’s Violent Crime Reduction Program.
*In the Southern District of Florida, Jeffersson Arango Castellanos entered a guilty plea resulting from an attack on two U.S. soldiers in Bogota, Colombia. The soldiers, who were off-duty, went into a pub in March 2020. Castellanos and other put drugs in the soldiers’ drinks, waited until the passed out, moved them to another location, and stole their wallets and credit cards.
*Three Department of Homeland Security employees were sentenced for conspiracy to steal government software and law-enforcement databases. The databases were maintained by DHS and the Postal Service Office of Inspectors General. They intended to use the program and information to assist them in a private enterprise that would sell the information back to the government.
Jack Smith, The Public Integrity Section and the Supreme Court
Jack Smith’s appointment as special counsel to investigate all matters related to Donald Trump marked Smith’s return to the Justice Department. Prior to departing the Department to become the chief war crimes prosecutor for the Kosovo War, Smith served as head of the Public Inegrity Section within the Justice Department’s Criminal Division. That section oversees all federal prosecutions related to government integrity. These include crimes involving bribery, fraud, and elections. Smith served as the section head from 2010 to 2015. While in that position, he approved several cases involving expansive statutory interpretations. The Supreme Court decided otherwise. This week’s issue features Smith and how he interprets federal statutes.
Jack Smith began his career as an assistant district attorney in Manhattan after graduating from Harvard Law School. After five years, he moved to Long Island and the United States Attorney’s Office for the Eastern District of New York. He remained until 2008. While there, he led the criminal division. He left the Eastern District of New York to work in the Hague at the International Criminal Court. According to Smith, this was his dream job.
In 2010, Smith left his dream job for what he termed a better job. Following the botched prosecution of Alaska Senator Ted Stevens, Attorney General Eric Holder recruited Smith to lead the Criminal Division’s Public Integrity Section. The section was under investigation by a special prosecutor and the Justice Department’s Office of Inspector General. Smith brought an aggressive and hard-working style to the Section, hoping to restore its credibility.
While overseeing the Public Integrity Section, Smith approved several high-profile prosecutions, not all of which were successful. When his cases were not successful, they usually had a similar issue: overly broad statutory interpretations.
*In 2011, former North Carolina Senator John Edwards was charged with campaign finance violations for re-directing campaign funds to conceal his affair with a staffer. Edwards was acquitted by a jury.
*In 2015, New Jersey Senator Bob Menendez was prosecuted for bribery and honest services fraud involving questionable campaign contributions. A jury hung on the charges.
*Also in 2015, the Public Integrity Section approved criminal charges against several people involved in the Bridgegate scandal. Though convicted, the United States Supreme Court eventually overturned the conviction, ruling that the government’s interpretation of the statute was overbroad.
*Once again, in 2015, the Public Integrity Section indicted former Virginia Governor Robert McDonnell for accepting bribes in connection with McDonnell’s introduction of an entreprenuer to research partners in Virginia. Though convicted, the United States Supreme Court reversed the conviction ruling that the government’s interpretation of the statute was overbroad.
As these cases indicate, Smith is not afraid to take chances with his criminal prosecutions He will take broad statutory interpretations to redress what the public perceives to be criminal activity.
Though taking an aggressive posture, Smith does not do so in a partisan way. McDonnell and the Bridgegate defendants were Republicans. Edwards and Menendez were Democrats. Smith’s current pursuit of former President Donald Trump does not result from partisan interest. Instead, it is consistent with his philosophy as a federal prosecutor. Of course, this begs the question of whether he will be more successful on his current case.
I hope you enjoyed this issue and that it made you stop and think. I would love to hear any comments, questions, concerns, or criticisms that you have. Leave a comment or send a message! Also, if you enjoyed this or if it challenged your thinking, please subscribe and share with others!