What to know about Jack Smith's cases against Trump
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Former Special Counsel Jack Smith. Photo by Alex Wong/Getty Images
Former special counsel Jack Smith defended his attempt to prosecute President Trump for his role in the Jan. 6 riot in his first public testimony since Trump returned to the White House.
The big picture: Smith's hearing is the latest in a series of probes and hearings into actions taken by the Department of Justice during former President Biden's term.
Here's what to know about the indictments:
Jan. 6 case
Catch up quick: In 2022, then-Attorney General Merrick Garland appointed Smith as special counsel to oversee the two preexisting Justice Department criminal investigations into Trump.
Smith charged Trump in August 2023 with conspiracy to overturn the 2020 presidential election.
- Trump was charged with conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
- The indictment stated that Trump and six unnamed co-conspirators knowingly made false claims of election fraud to subvert the results of the 2020 election.
- It also charged that Trump and his co-conspirators attempted to induce former Vice President Pence to reject the election results.
- Prosecutors also said they sought to exploit the violence taking place on Jan. 6 to get members of Congress to delay certification.
Zoom in: It was unclear at the time whether Trump could be prosecuted for actions taken while he was president, though the Supreme Court ruled in 2024 that presidents have "some immunity" for "official acts."
- Smith then filed a slimmed-down superseding indictment, removing some allegations to comply with the Supreme Court ruling, though the case was dropped after Trump won reelection.
- Smith also wrote in a January 2025 report on the case that there was sufficient admissible evidence "to obtain and sustain a conviction."
- Following Trump's reelection, Smith filed to drop the charges.
Classified records case
Context: Smith also charged Trump in June 2023 with mishandling classified documents after leaving office — the first federal indictment of a former U.S. president.
- Some of the documents contained information "regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack," according to the indictment.
- Unauthorized disclosure of the documents could jeopardize U.S. national security, foreign relations, and the safety of the U.S. military, per the indictment.
A federal judge dismissed the case in July 2024.
- The judge, who had previously been appointed by Trump, argued at the time that Smith's appointment to special counsel had not been confirmed by Congress.
- The Justice Department moved to reopen the case in August, but Smith filed to drop the charges following Trump's reelection.
