What’s The Point in Jack Smith Continuing?

Jay Speakman
3 min readDec 14, 2023
The likelihood of Trump serving any time in prison, let alone actually going to trial seems slim at best. Image: aitubo.ai

The role of Jack Smith as the special counsel investigating former President Donald Trump has been fraught with unprecedented challenges. His position, central to upholding the rule of law in the face of significant political and public pressure, has reached a critical juncture. The recent developments, particularly the decision by Judge Tanya Chutkan to pause Trump’s trial in Washington D.C., cast a long shadow over the judiciary’s capacity to impartially adjudicate cases involving high-profile political figures.

The Legal Labyrinth and Presidential Immunity

The cornerstone of Smith’s challenge is navigating the complex legal labyrinth surrounding a former president. The doctrine of presidential immunity, while primarily applicable during a president’s tenure, has been a contentious topic in Trump’s case. The legal community remains divided on how far this immunity extends post-presidency, especially when the alleged offenses pertain to actions taken while in office. This gray area in constitutional law has been a significant hurdle for Smith.

Judicial Impediments and Constitutional Concerns

Judge Chutkan’s decision to stay the trial is emblematic of the judicial impediments Smith faces. The rationale behind this pause, ostensibly to allow appeals regarding Trump’s immunity to proceed, underscores a deeper issue: the judiciary’s cautious approach when dealing with former presidents. This cautiousness, while prudent in some respects, raises constitutional concerns about equality before the law.

The Constitution, in its essence, champions the principle that no one is above the law, including former presidents. However, the unfolding events suggest a deviation from this principle. Smith’s pursuit of justice, in adherence to constitutional mandates, seems to be in a quagmire of legal technicalities and judicial deference.

The Implications of Continuing vs. Resigning

Continuing in his role, Smith may inadvertently lend credibility to a process that increasingly appears skewed. Each legal setback not only erodes public trust in the judicial system but also emboldens the narrative of untouchability surrounding Trump.

This narrative, if left unchallenged, poses a significant risk to the foundational principles of American democracy to say nothing of global stability.

On the other hand, Smith’s resignation could serve as a potent symbol of protest against a system seemingly resistant to holding a former president accountable. Such a move could galvanize public opinion and spark a much-needed discussion about reforming aspects of our legal system, particularly concerning the prosecution of high-ranking officials.

The Double-Edged Sword of Resignation

In contemplating resignation, Jack Smith stands at the precipice of a decision fraught with far-reaching consequences. His resignation, while a bold protest against the apparent imbalances in our judicial system, could paradoxically play into the hands of Donald Trump. Trump, known for his mastery of political narratives, would likely seize upon Smith’s resignation as vindication, proclaiming it as evidence that the indictments against him were politically motivated all along.

This scenario presents a double-edged sword. On one hand, Smith’s resignation could awaken the public and legal communities to the systemic issues plaguing our judiciary, especially in cases involving high-profile political figures. It would be a resounding statement about the need for judicial reform and a recommitment to the principle of equal justice under the law.

Conversely, such a move might inadvertently hand Trump a powerful rhetorical weapon. The narrative that the legal actions against him were mere witch hunts could gain substantial traction, potentially influencing public opinion and the political landscape. In an ironic twist, Smith’s act of protest could be twisted into a campaign tool, possibly even bolstering Trump’s chances in the upcoming election.

The pressure on Smith in this situation is immense. His decision is not just a personal or professional crossroads but a moment that could significantly impact the political and judicial trajectory of the country. The weight of this decision cannot be overstated, as it involves balancing the integrity of the legal process against the potential political fallout.

In sum, Jack Smith’s potential resignation is more than a personal or professional dilemma — it’s a decision that would reverberate through the pillars of American democracy. His choice, whether to continue fighting an uphill battle in the courts or to step down in protest, is emblematic of the larger struggle between legal principles and political realities. This is a moment of truth, not just for Smith but for the nation as a whole, as it reflects on the kind of justice system it upholds and the values it cherishes.

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Jay Speakman

Writer, designer, traveler, semi-pro body surfer, decent cook.