Jack Smith’s legacy under scrutiny as questions mount over Trump case tactics
This story raises questions about governance, accountability, and American values.
Forty-four members of Congress. That's not a rounding error or a technical hiccup, that's a special counsel's office pulling lawmakers' texts before its own filter team finished checking what was privileged and what wasn't. If you'd told us two years ago that this was how the "most transparent DOJ in history" would run a case against a former president, we'd have assumed you were exaggerating for effect.
New Republican Times Editorial Board

The Biden Justice Department’s pursuit of President Donald Trump is facing fresh scrutiny after newly released materials showed former special counsel Jack Smith’s team accessed text messages to or from 44 members of Congress before a DOJ filter team had completed its privilege review — as well as other revelations that call into question the […]
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New Republican Times Editorial Board
Forty-four members of Congress. That's not a rounding error or a technical hiccup, that's a special counsel's office pulling lawmakers' texts before its own filter team finished checking what was privileged and what wasn't. If you'd told us two years ago that this was how the "most transparent DOJ in history" would run a case against a former president, we'd have assumed you were exaggerating for effect. Turns out you'd have been underselling it.
The defenders of this process keep insisting the ends justified the means, that Trump's conduct after 2020 was serious enough to warrant aggressive tactics. Maybe so. But the whole point of a filter review is that prosecutors don't get to decide for themselves what's fair game before an independent check happens. Skip that step and you're not being thorough, you're just trusting yourself with power nobody gave you the authority to use unsupervised. That's the kind of shortcut that looks fine right up until it's your side on the other end of the subpoena.
Jack Smith spent two years positioning himself as the guy who'd finally hold Trump accountable through the book, no shortcuts, no politics. That reputation was always going to be tested against the actual paper trail once people got to look at it closely. Now the paper trail says the team was moving faster than its own safeguards could keep up with, and that's exactly the kind of detail that turns "aggressive prosecutor" into "prosecutor who cut corners" in the public's mind.
None of this proves Trump was innocent of anything. It proves the case against him was built by people who apparently decided speed mattered more than getting the process right. That's not accountability, that's just recklessness with a badge. The country deserved better than a rush job dressed up as a landmark case.
Commentary written with AI assistance by the New Republican Times Editorial Board.

