Jack Smith Has a History of Failed Prosecutions & Seriously Flawed Cases

June 08, 2023

Top Takeaways


- From 2010 to 2015, Smith served under Obama Attorney General Eric Holder, leading the DOJ’s Public Integrity Section.


- After leaving the DOJ in 2015, Smith served as the first Assistant United States Attorney and Acting United States Attorney for The Middle District of Tennessee.


- Smith was instrumental in the DOJ’s Lois Lerner IRS scandal targeting conservative nonprofit groups.


- Smith convicted former Republican Virginia Governor Bob McDonnell, which was later unanimously overturned by the Supreme Court.


- In 2016, The Supreme Court overturned Bob McDonnell’s convictions unanimously 8-0.


- In November 2022, Bob McDonnell said regarding Jack Smith, “I think there's a real judgement problem."


- Smith pursued a case against Democrat Sen. John Edwards, which resulted in a hung jury and mistrial.


- Smith convicted Republican Rep. Rick Renzi before he was pardoned by President Trump in 2021.


- Smith attempted to prosecute Democrat Bob Menendez, but it resulted in a mistrial.


- This month, Rep. Jim Jordan launched a probe to conduct oversight over Special Counsel Jack Smith’s probe into former President Donald Trump for the handling of papers at Mar-A-Lago.


- Jack Smith is trying to hide who is on the team targeting President Trump.


- This month, Judicial Watch sued the Biden Justice Department for refusing to reveal names of special counsel Jack Smith’s staff.


- In November 2022, Jim Jordan revealed that Jack Smith tried to find ways to target conservatives during the Obama era and released a report in 2014.


- Jack Smith’s wife, Katy Chevigny, is a Biden donor. She produced a documentary about Michelle Obama, and worked on an anti-Citizens United film titled, “Dark Money.” 


- Andrew Weissmann, former lead prosecutor and President Trump hater on special counsel Robert Muller’s team, has openly praised Jack Smith on Twitter.


- Deputy AG Lisa Monaco is a longtime Obama loyalist and an architect of the Russia collusion hoax. She is also handling January 6 related cases.


Smith Previously Served Under Obama Attorney General Eric Holder, Leading The DOJ's Public Integrity Section From 2010 To 2015


From 2010 To 2015, Smith Served Under Obama Attorney General Eric Holder, Leading The DOJ's Public Integrity Section. “Smith served under Obama Attorney General Eric Holder, leading the DOJ's Public Integrity Section from 2010 to 2015. Smith led a team of 30 prosecutors in conducting public corruption cases throughout the United States, including a mixed track record of going after high-profile politicians. He also inserted the DOJ into what would become the Lois Lerner IRS scandal targeting conservative nonprofit groups during the Obama years, which Trump has criticized him for since he became special counsel.” (Washington Examiner, 6/5/23)


Smith Was Appointed By Garland To Lead The Investigation Against President Trump. “Chevigny married Smith, who was appointed by Attorney General Merrick Garland last week to complete the Justice Department’s two investigations into former President Donald Trump and weigh potential criminal charges, in 2011. Garland appointed the veteran prosecutor in an effort to insulate the Justice Department from accusations of it not being impartial in its investigations now that the 76-year-old Trump has announced his 2024 candidacy. Trump is under investigation for his efforts to overturn the results of the 2020 elections and for his handling of classified presidential documents after his presidency.” (New York Post, 11/23/22)


After Leaving The DOJ In 2015, Smith Served As The First Assistant United States Attorney And Acting United States Attorney For The Middle District Of Tennessee. “After leaving the DOJ in 2015, Smith headed to Tennessee, where he served as the First Assistant United States Attorney and Acting United States Attorney for the Middle District of Tennessee.” (NPR, 11/18/22)


Smith Was Instrumental In The DOJ’s Lois Lerner IRS Scandal Targeting Conservative Nonprofit Groups


Lerner Led An IRS Effort Targeting Tea Party Groups And Similar Conservative Nonprofit Organizations And “Smith’s Push For DOJ Officials To Contact Lerner And The IRS In Order To Get The DOJ Involved Seemed To Be The Impetus Behind The IRS Sending The FBI Reams Of Nonprofit Tax Records.” “Lerner, director of the IRS's Exempt Organizations Unit, led an IRS effort targeting Tea Party groups and similar conservative nonprofit organizations. Smith’s push for DOJ officials to contact Lerner and the IRS in order to get the DOJ involved seemed to be the impetus behind the IRS sending the FBI reams of nonprofit tax records. An IRS watchdog and the DOJ later admitted the IRS committed wrongdoing, although not of the criminal variety. Lerner would apologize. Republicans unsuccessfully sought a special counsel to investigate the IRS scandal at the time, with Smith’s actions cited as one reason.” (Washington Examiner, 11/25/22)


Jim Jordan: “Jack Smith Was Looking For Ways To Prosecute The Innocent Americans That Lois Lerner Targeted During The IRS Scandal.” “Jack Smith was looking for ways to prosecute the innocent Americans that Lois Lerner targeted during the IRS scandal,” Rep. Jim Jordan (R-OH), expected to lead the House Judiciary Committee next year, told the Washington Examiner. Jordan and Rep. Darrell Issa (R-CA), who led House Oversight, sought Smith’s testimony in May 2014, saying, “It is apparent that the Department’s leadership, including Public Integrity Section Chief Jack Smith, was closely involved in engaging with the IRS.” Smith testified that month that he spoke with the FBI about these nonprofit groups. “We had a dialogue with the FBI. Never opened any investigations, Public Integrity [Unit] did not. But we did have a dialogue with them over time following this [Oct. 8, 2010, meeting with Lerner].” (Washington Examiner, 11/25/22)


Jim Jordan: “The Fact That Richard Pilger And Jack Smith Had Interaction With Lois Lerner In 2010 And 2013, That You Had A Data Base Of 1.1 Million Pages Of Taxpayer Information, Donor (C)(4) Information, You Had It For Four Years, And Some Of That Information Was Confidential — All That Fact, All That Cries Out For A Special Prosecutor.” (Washington Examiner, 11/25/22)


Lerner Admitted In 2013 That “We Made Some Mistakes. Some People Didn’t Use Good Judgment. … For That We’re Apologetic.” “Lerner admitted in May 2013 the IRS had scrutinized nonprofit groups that used terms such as “Tea Party” or “patriots” in their applications but claimed it wasn’t a political decision, saying, “We made some mistakes. Some people didn’t use good judgment. … For that we’re apologetic.” (Washington Examiner, 11/25/22)


The Treasury Department’s Watchdog Concluded In 2013 That “The IRS Used Inappropriate Criteria That Identified For Review Tea Party And Other Organizations.” “The Treasury Department’s watchdog concluded in 2013 that “the IRS used inappropriate criteria that identified for review Tea Party and other organizations.” (Washington Examiner, 11/25/22)


DOJ In 2015: “Our Investigation Uncovered Substantial Evidence Of Mismanagement, Poor Judgment, And Institutional Inertia." “The DOJ said in 2015: “Our investigation uncovered substantial evidence of mismanagement, poor judgment, and institutional inertia." (Washington Examiner, 11/25/22)


In 2017, Jeff Sessions Announced That The DOJ Entered Into Settlements With Conservative Groups Targeted By The IRS During The Obama Administration And The IRS Admitted Its Actions Were Wrong And Also Issued An Apology. “Then-Attorney General Jeff Sessions announced in 2017 that the DOJ entered into settlements with conservative groups targeted by the IRS during the Obama administration. The IRS admitted its actions were “wrong” and “for such treatment, the IRS expresses its sincere apology.” (Washington Examiner, 11/25/22)


Smith Has A History Of Targeting Republicans, While His Democrat Targets Have Received Mistrials 


Smith Convicted Former Republican Virginia Governor Bob McDonnell, Which Was Later Unanimously Overturned By The Supreme Court. “Smith’s DOJ biography in 2015 touted that while chief of the Public Integrity Section, Smith helped with the prosecution against McDonnell, who was indicted and convicted on federal corruption charges related to bribery in 2014. The case was being prosecuted by Smith’s deputy in the Public Integrity Section. McDonnell was investigated while governor, indicted shortly after leaving office in January 2014, convicted in September 2014, and sentenced to two years in prison in 2015. The Supreme Court unanimously overturned McDonnell’s conviction in the summer of 2016.” (Washington Examiner, 6/5/23)


In 2016, The Supreme Court Overturned Bob McDonnell’s Convictions Unanimously 8-0, Ruling That Federal Prosecutors Relied On A “Boundless” Definition Of The Kinds Of Acts That Could Lead Politicians To Face Criminal Charges. “A unanimous Supreme Court has overturned the corruption convictions of former Virginia Gov. Bob McDonnell, ruling that federal prosecutors relied on a “boundless” definition of the kinds of acts that could lead politicians to face criminal charges. The decision from the eight-justice court could make it tougher for prosecutors to prove corruption cases against politicians in cases where there is no proof of an explicit agreement linking a campaign donation or gift to a contract, grant or vote.” (Politico, 6/27/16)


Chief Justice Roberts Wrote, “There Is No Doubt That This Case Is Distasteful; It May Be Worse Than That. But Our Concern Is Not With Tawdry Tales Of Ferraris, Rolexes, And Ball Gowns. It Is Instead With The Broader Legal Implications Of The Government’s Boundless Interpretation Of The Federal Bribery Statute.” Adding, “A More Limited Interpretation Of The Term ‘Official Act’ Leaves Ample Room For Prosecuting Corruption, While Comporting With The Text Of The Statute And The Precedent Of This Court.” “The court’s opinion, written by Chief Justice John Roberts, rejected the government’s position that simply agreeing to meet with someone on account of such largesse could be enough to constitute an official act that could trigger a corruption conviction. “There is no doubt that this case is distasteful; it may be worse than that. But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. It is instead with the broader legal implications of the Government’s boundless interpretation of the federal bribery statute,” Roberts wrote. “A more limited interpretation of the term ‘official act’ leaves ample room for prosecuting corruption, while comporting with the text of the statute and the precedent of this Court.” (Politico, 6/27/16)


Roberts Added, “The Government’s Position Could Cast A Pall Of Potential Prosecution Over These Relationships If The Union Had Given A Campaign Contribution In The Past Or The Homeowners Invited The Official To Join Them On Their Annual Outing To The Ballgame. Officials Might Wonder Whether They Could Respond To Even The Most Commonplace Requests For Assistance, And Citizens With Legitimate Concerns Might Shrink From Participating In Democratic Discourse.” “Conscientious public officials arrange meetings for constituents, contact other officials on their behalf, and include them in events all the time. The basic compact underlying representative government assumes that public officials will hear from their constituents and act appropriately on their concerns—whether it is the union official worried about a plant closing or the homeowners who wonder why it took five days to restore power to their neighborhood after a storm,” Roberts wrote. “The Government’s position could cast a pall of potential prosecution over these relationships if the union had given a campaign contribution in the past or the homeowners invited the official to join them on their annual outing to the ballgame. Officials might wonder whether they could respond to even the most commonplace requests for assistance, and citizens with legitimate concerns might shrink from participating in democratic discourse,” the chief justice added. (Politico, 6/27/16)


In November 2022, Bob McDonnell Said Regarding Jack Smith, “I Think There's A Real Judgement Problem." (Newsmax, 11/22/22)



Smith Pursued A Case Against Democrat Sen. John Edwards, Which Resulted In A Hung Jury And Mistrial. “The scheme was related to more than $900,000 going from backers of Edwards to Rielle Hunter, a filmmaker hired for his 2008 campaign and with whom he was having an extramarital affair. The money was allegedly used to help cover up the affair Edwards was having in 2008 as his wife, Elizabeth, was dying of cancer. The jury deadlocked in May 2012 after a five-week trial and more than a week of deliberations. Some officials inside the Justice Department reportedly had initial misgivings about the case before getting on board with the prosecution. After the mistrial loss, Smith said at the time that “our job is to look at the facts and then look at the law and apply the facts to the law.” The Justice Department soon announced it wouldn’t attempt to retry Edwards. Jurors said on TV after the trial that a majority didn’t think the DOJ had proved its case beyond a reasonable doubt and that the evidence simply wasn’t there, while a minority wanted to convict Edwards. (Washington Examiner, 6/5/23)


Smith Convicted Republican Rep. Rick Renzi Before He Was Pardoned By President Trump In 2021. “Smith’s unit did successfully prosecute Renzi, who was convicted in 2013 for extortion, bribery, insurance fraud, money laundering, and racketeering. The DOJ said the evidence at trial showed the congressman “promised in 2005 to use his legislative influence to profit from a federal land exchange that involved property” owned by real estate investor James Sandlin. Renzi was convicted on 17 counts and sentenced to 36 months in prison in 2013. Trump pardoned Renzi on his final full day in office, before President Joe Biden’s inauguration, with the former congressman saying he had been “wrongly convicted by a Department of Justice that engaged in witness tampering, illegal wiretapping, and gross prosecutorial misconduct.” (Washington Examiner, 6/5/23)


Smith Attempted To Prosecute Democrat Bob Menendez, But It Resulted In A Mistrial. “Smith also helped lead the investigation into Menendez, although he left his post just a few months before the Justice Department announced in April 2015 that it had indicted Menendez and Florida ophthalmologist Salomon Melgen in New Jersey “in connection with a bribery scheme in which Menendez allegedly accepted gifts from Melgen in exchange for using the power of his Senate office to benefit Melgen’s financial and personal interests.” “According to allegations in the indictment, between January 2006 and January 2013, Menendez accepted close to $1 million worth of lavish gifts and campaign contributions from Melgen in exchange for using the power of his Senate office to influence the outcome of ongoing contractual and Medicare billing disputes worth tens of millions of dollars to Melgen and to support the visa applications of several of Melgen’s girlfriends,” the Justice Department said at the time. Menendez pleaded not guilty, proclaimed his innocence, and said he and Melgen were just longtime friends. Following an 11-week trial, the federal judge overseeing the case declared a mistrial in November 2017 after the 12-person jury said it was deadlocked on the charges. One of the jurors told reporters that the jury was split 10-2 on all of the counts, with the large majority voting to acquit the senator. “The way this case started was wrong, the way it was investigated was wrong, the way it was prosecuted was wrong, and the way it was tried was wrong as well,” Menendez said outside the courtroom at the time.” (Washington Examiner, 6/5/23)


This Month, Rep. Jim Jordan Launched A Probe To Conduct Oversight Over Jack Smith’s Probe Into Former President Donald Trump For The Handling Of Papers At Mar-A-Lago


Jim Jordan Launched A Probe To Conduct Oversight Over Jack Smith’s Probe Into Former President Donald Trump For The Handling Of Papers At Mar-A-Lago. “House Judiciary Committee Chair Jim Jordan (R-OH) launched a probe to conduct oversight over Special Counsel Jack Smith’s probe into former President Donald Trump for the handling of papers at Mar-a-Lago. In a letter to Attorney General Merrick Garland, Jordan requested information about the probe to ensure the investigation is not politicized by the FBI, which suffers from a lack of public trust after improperly involving itself in the 2016 Russia hoax.” (Breitbart, 6/2/23)


Jack Smith Is Trying To Hide Who Is On The Team Targeting President Trump


This Month, Judicial Watch Sued The Biden Justice Department for Refusing to Reveal Names of Special Counsel Jack Smith’s Staff. “Judicial Watch announced today that it filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Justice (DOJ) for records disclosing the names of staffers working in Special Counsel Jack Smith’s office on two investigations targeting former President Donald Trump and other Americans (Judicial Watch Inc. v U.S. Department of Justice (No. 1:23-cv-01485)).” (Judicial Watch, 6/5/23)


In November 2022, Jim Jordan Revealed That Jack Smith Tried To Find Ways To Target Conservatives During The Obama Era


In 2014, Jim Jordan And Darrell Issa Conducted A Report On: “The Internal Revenue Service’s Targeting Of Conservative Tax-Exempt Applicants: Report Of Findings For The 113th Congress.” (U.S. House Of Representatives, 12/23/14)


Jordan Said, “Guess Who Was The Lead Person At The Justice Department Looking For Ways To Target And Prosecute The Very People Looking Into Who Lois Lerner Went After? Jack Smith, The Guy Merrick Garland Just Named As Special Counsel To Go After President Trump.” “He asked rhetorically, “Guess who was the lead person at the Justice Department looking for ways to target and prosecute the very people looking into who Lois Lerner went after? Jack Smith, the guy Merrick Garland just named as special counsel to go after President Trump.” (Breitbart, 11/21/22)


In 2010, Smith Emailed His Senior Leadership Regarding A NYT Article Regarding Conservative Organizations. “Indeed, in September 2010 — Smith, the then-chief of the Justice Department’s public integrity section, criminal division — emailed his senior leadership regarding a New York Times article regarding conservative organizations: Check out [the] article on front page of NYTimes [sic] regarding misuse of non-profits for indirectly funding campaigns. This seems egregious to me – could we ever charge a [18 U.S.C. §] 371 conspiracy to violate laws of the USA for misuse of such non profits to get around existing campaign finance laws + limits? I know 501s are legal but if they are knowingly using them beyond what they are allowed to use them for (and we could prove that factually)? IRS Commissioner sarah ingram [sic] oversees these groups. Let’s discuss tomorrow but maybe we should try to set up a meeting this week. [Emphasis added].” (Breitbart, 11/21/22)



Jack Smith’s Wife, Katy Chevigny, Is A Biden Donor. She Produced A Documentary About Michelle Obama, And She Worked On An Anti-Citizens United Film Titled, “Dark Money”



Chevigny Has Donated $2,000 To Joe Biden. (FEC, Accessed 6/8/23)



Chevigny Produced A Documentary About Michelle Obama In 2020, Which Was Featured On Netflix. “The wife of newly appointed special counsel Jack Smith is a filmmaker who produced a movie about former first lady Michelle Obama and donated to President Biden’s 2020 campaign. Katy Chevigny is credited as a producer on “Becoming,” a 2020 documentary about Obama, and Federal Election Commission records show that she donated $2,000 in support of Biden’s presidential run that same year.  “Becoming” centered on the former first lady’s 2019 book tour promoting her memoir of the same title. Big Mouth Productions, where Chevigny is employed as a director and producer, is listed as one of the production companies that worked on the film. (New York Post, 11/23/22)


Chevigny Worked On An Anti-Citizens United Film Titled “Dark Money” In 2018. “Chevigny and Big Mouth Productions also worked on the 2018 documentary titled “Dark Money.” The film is described as a “political thriller” that “takes viewers to Montana – a front line in the fight to preserve fair elections nationwide – to follow an intrepid local journalist working to expose the real-life impact of the US Supreme Court’s Citizens United decision.” (New York Post, 11/23/22)


Chevigny Also Donated To The Leftist Activist Group MoveOn.org. “Big Mouth Productions is also listed as Chevigny’s employer on FEC filings that show her donations to Biden’s campaign. Records show she donated $1,000 to Biden for President and another $1,000 to the Biden Victory Fund in September of 2020. Chevigny also made seven other $10 donations to ActBlue, a Democratic fundraising platform, and to MoveOn.org’s political action committee in 2010.” (New York Post, 11/23/22)


Andrew Weissmann, Former Lead Prosecutor On Special Counsel Robert Muller’s Team, Has Openly Praised Jack Smith


Weissmann Was One Of The Lead Prosecutors On Special Counsel Robert Mueller's Team. “Andrew Weissmann was one of the lead prosecutors on special counsel Robert Mueller's team. In his new book, Where Law Ends, Weissmann looks back on where the Mueller investigation succeeded — and where it fell short.” (NPR, 9/29/20)


Weissmann Wrote A Book About His Investigation Into President Trump. (Amazon, Accessed 6/8/23)


In November 2022, Weissmann Tweeted, “Jack Smith, The New Special Counsel, Is A Very Aggressive Prosecutor Who Represents The Best Of The Department, Who Will Bring Cases If Warranted Be Fact Sand The Law.” (Twitter, 11/18/22)



Weissmann Tweeted, “Jack Smith Makes Me Look Like A Golden Retriever Puppy.  So Tenacious And Fearless. And Apolitical And Ethical.” (Twitter, 11/18/22)



In November 2022, Weissmann Tweeted, “Jack Smith Is The Consummate Professional And Career DOJ Prosecutor. Not A Political Bone In His Body. And A Skilled And Fast Prosecutor Who Does Not Let The Grass Grow Under His Feet. In Short, A Terrific Choice If You Are Appointing A Special Counsel.” (Twitter, 11/18/22)



Weissmann Did A Podcast About Jack Smith In April 2023. (Twitter, 4/11/23)



Deputy AG Lisa Monaco Is A Longtime Obama Loyalist And An Architect Of The Russia Collusion Hoax. She Is Also Handling Various January 6 Related Cases


Deputy AG Lisa Monaco Is A Biden Appointee Handling Various January 6 Related Cases. “The stunt was intended to convince the public that Garland, a political appointee of Joe Biden, and his top aides—including Deputy Attorney General Lisa Monaco and another Biden appointee, U.S. Attorney for the District of Columbia Matthew Graves—would take a hands-off approach into the criminal probe of Trump and Republican officials who aided post-election efforts to salvage his presidency. (Monaco and Graves, the prosecutor currently handling more than 900 January 6 cases, stood next to Garland at the announcement.)” (American Greatness, 12/17/22)


Monaco Is A Longtime Obama Loyalist And An Architect Of The Russia Collusion Hoax. “Further, does anyone for a moment believe that Monaco, a longtime Obama loyalist and an architect of the Russia collusion hoax, will really step away from investigating the man she’s tried to destroy for the better part of six years? Or will Graves, a Biden campaign advisor married to the head of a radical left-wing nonprofit in D.C. who considers white women “racist” for voting for Trump? At least two other prosecutors working for Graves in D.C. will simply walk a few blocks over to the special counsel’s office.” (American Greatness, 12/17/22)