By Julie Kelly
American Greatness
April 8, 2023
The first grand jury indictment against Donald Trump, like so many highly-anticipated gotcha moments involving the former president, landed with a thud this week.
Manhattan District Attorney Alvin Bragg’s 34-count bill of goods failed to impress legal and political observers across the spectrum. Even Ruth Marcus, associate editor for the Washington Post, admitted the legal basis for the charges is “unnervingly flimsy at worst.”
News coverage of Bragg’s faceplant is quickly disappearing from the front pages as all desperate eyes now turn to Jack Smith, the mysterious figure appointed by Attorney General Merrick Garland last year ostensibly to take over the Justice Department’s investigation into Trump’s culpability for January 6 and alleged mishandling of classified documents. As I explained here, Smith is special counsel in name only; the team of investigators and prosecutors who initiated the first set of inquiries simply changed letterhead.
Given the targets of Smith’s recent subpoenas, we can surmise there is nothing independent or impartial about his behind-the-scenes work. In rapid succession, Smith has successfully sought testimony from Trump’s inner circle, including former chief of staff Mark Meadows and White House lawyer Evan Corcoran.
For the first time in history, a vice president will testify before a grand jury considering evidence of crimes committed by his former boss. Mike Pence, after winning partial immunity, reportedly will answer questions about his exchanges with Trump in the weeks leading up to the protest at the Capitol. Oddly, Pence will not be compelled to discuss what he did on January 6—a dubious protection considering his key presence throughout the day and into the next morning.
Of course, the public can’t read any of the government’s arguments since everything remains under seal. Ditto for court orders granting Smith’s every wish. As the most norm-crushing investigation in history unfolds in the nation’s capital, judges without explanation keep the files out of the view of the American people.
Out of view, that is, except for what D.C. apparatchiks want to spin. Selective leaks keep Smith’s inquiry in the headlines. CNN disclosed this week that Smith’s team is focused on postelection discussions in the Trump White House related to the possible seizure of voting machines. “Details about the secret grand jury testimony and closed-door interviews, neither of which have been previously reported, illustrate how special counsel Smith and his prosecutors are looking at the various ways Trump tried to overturn his electoral loss despite some of his top officials advising him against the ideas.”
The coordinated leak strategy is intended to give the appearance that the prison walls, once again, are closing in on Trump.
This time, however, it’s true.
Smith’s multipronged investigation—another recent leak indicated Smith’s team is considering obstruction charges tied to the classified documents investigation—by far represents the most dangerous legal threat Trump has ever faced. Working with a limitless budget, no media scrutiny, zero congressional oversight, compliant federal judges, and abundant case law providing a clear pathway to multiple felony charges related to January 6, Smith is in the driver’s seat. And he knows it.
A D.C. grand jury likely will indict Trump on multiple counts for his key role in the events of January 6. Grand juries are composed of the same voters who sit on regular juries—and that is terrible news for Trump. Washington, D.C., is the most heavily Democratic city in the country, even more so than New York City and San Francisco, and grand juries since January 6 have issued hundreds of federal indictments representing thousands of criminal counts. The Justice Department has a near-perfect conviction rate for January 6 defendants; judges refuse to move trials out of D.C. despite overwhelming proof Trump supporters cannot receive a fair trial in the nation’s capital.
Trump almost certainly will be charged with obstruction of an official proceeding, the felony slapped against at least 250 January 6 defendants punishable by up to 20 years in prison, and conspiracy. He could face other offenses such as tampering with witnesses and/or evidence if Smith shows proof that Trump tried to interfere with any aspect of the investigation, including the work of the January 6 select committee.