A federal prosecutor was reportedly incensed when the case against Donald Trump concerning his handling of classified documents was moved to Florida. David Raskin, part of the Department of Justice team that indicted Trump for mishandling sensitive materials after his presidency, expressed his frustration. The FBI had previously conducted a raid on Trump’s Mar-a-Lago residence in August 2022, discovering numerous classified documents in a bathroom.

Raskin had anticipated that Jack Smith, the special counsel for the FBI, would pursue the case in Washington, D.C., a location perceived to have a jury pool less favorable to Trump. However, Smith chose to file the case in Florida, where it would be presided over by Judge Aileen Cannon, appointed by Trump. Raskin learned of Smith’s decision from a colleague, as reported by the Washington Post, and allegedly reacted with disbelief, questioning the sanity of the decision in a colorful manner. This exchange took place in the hallways of the Justice Department’s headquarters in D.C. during Spring 2023.

Smith and senior officials at the DOJ believed they had a stronger legal position by bringing the case to Florida. They also underestimated the likelihood that Judge Cannon would be assigned to the case, initially predicting a mere 1 in 6 chance, which proved incorrect. Smith was confident, telling top Justice Department officials, “I’m not worried about Florida,” when explaining his choice. These details are sourced from the book “Injustice,” which features interviews with senior Biden administration officials who were directly involved in the legal proceedings against Trump.

Cannon, however, did take over the unprecedented criminal case accusing Trump of 40 charges relating to mishandling classified material after leaving office. The judge had previously blocked federal agents from examining sensitive documents seized from Trump’s club. Even after Cannon took over the case, Smith was still reportedly confident the DOJ’s evidence would win her over against Trump. By July 2024 of the trial process, Cannon, however, was not convinced.

She dismissed Smith’s case against Trump entirely, ruling that Smith’s appointment as special prosecutor was unconstitutional. The DOJ appealed the ruling but later abandoned the motion after Trump won the presidency in November. Smith’s separate criminal case against Trump focusing on his attempts to overturn the election results in DC was also dropped following the election.

The DOJ’s prosecution of Trump was unprecedented, as the department has traditionally avoided prosecuting major candidates during an election year—let alone a former president. Trump’s DOJ has gone after the president’s political rivals since his return to the White House, including former FBI Director James Comey, former national security adviser John Bolton, and New York Attorney General Letitia James.