On Thursday, Jack Smith, the former Special Counsel, addressed the House Judiciary Committee in what resembled a condensed version of the criminal trials Donald Trump faced, had he not made his return to the White House last year.
Smith adeptly countered the aggressive critiques from Republican congress members, reiterating the dire consequences of Trump’s attempts to undermine democratic processes. Under oath, Smith declared that Trump had “engaged in criminal activity” aimed at reversing a legitimate election outcome and unlawfully retaining classified documents at Mar-a-Lago.
The trials, which were shelved, would have compelled Trump to defend his actions leading up to and following his 2020 election defeat, as well as his illegal handling of government records post-presidency in Florida. Although these trials never materialized, Trump’s public actions and Smith’s thorough prosecutorial investigation have vividly illustrated Trump’s wrongdoing and character.
It is worth reflecting on the fact that a former federal prosecutor’s willingness to honestly testify before Congress is deemed courageous. Indeed, it is a brave act; Trump and his allies have shown a willingness to manipulate government mechanisms against those they perceive as adversaries. Such actions are neither infrequent nor subtle, as Smith’s former Department of Justice colleagues often face pressures to pursue unwarranted legal actions against officials and private citizens seen as opposing Trump.
Figures ranging from New York Attorney General Tish James to Federal Reserve Chair Jay Powell, and even individuals like Kilmar Abrego García—whose only apparent misstep was an erroneous deportation embarrassing the administration—face the daunting possibility of federal power being wielded against them for their political stances or mere existence.
This misuse of power was central to Smith’s original inquiry. When Trump sought to coerce Congress members, state officials, and even his vice president to use procedural loopholes to overturn the 2020 election results, he was frequently, if not overtly, alluding to using his power to penalize those who resisted his demands.
When that didn’t work, Trump turned to violence, having his goons attack the Capitol in an active effort to overturn American democracy. No amount of revisionist history or MAGA uproar will change these facts. Trump, despite his and his congressional toadies’ insinuations to the contrary, was never acquitted or cleared of these charges. It was his subservient Supreme Court that gave him the get-out-of-jail-free card in the form of the disastrous immunity decision, dealing the investigation a blow that preceded the knockout of Trump’s 2024 election. This win does not at all negate the reality of what he did.
Faced with this weighty reality, Chair Jim Jordan and the other clowns in his MAGA circus used their time with Smith to attack him in personal terms and crow about his decision to subpoena limited phone records from some lawmakers, though they conveniently left out that these records were related to Trump’s attempts to lean on Congress to subvert the rule of law. No matter; this is what we’ve come to expect from the captured GOP.
If past is prologue, Trump will again try to wield his power for his own personal purposes. Local and state officials, federal personnel still loyal to the Constitution, federal judges and others should be ready for that eventuality; the consequences of his success are dire.
