Tipsheet

Trump Special Counsel Insists There's 'One Set of Laws' That 'Apply to Everyone'

Spencer Brown
Spencer Brown  |  June 09, 2023 3:45 PM

"We have one set of laws in this country and they apply to everyone," insisted Jack Smith, the special counsel appointed by Biden Attorney General Merrick Garland to investigate Donald Trump's handling of classified documents, in a statement to the press Friday afternoon.

The statement, after which Smith did not take or respond to any questions, followed the formal indictment of the 45th president for what the special counsel argued were "felony violations of our national security laws" and a "conspiracy to obstruct justice."

Smith urged Americans to read the indictment — unsealed earlier on Friday afternoon — to "understand the scope and gravity of the crimes charged." The special counsel emphasized that "our laws that protect national defense information are critical to the safety and security of the United States," adding such laws "must be enforced" lest our country be put "at risk."

As he continued reading from his prepared statement, Smith said it was "very important for me to note that the defendants in this case must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law," though that presumption is something that has rarely, if ever, been afforded to Trump in previous investigations.

Smith explained that the DOJ will "seek a speedy trial in this matter consistent with the public interest and the rights of the accused," but Trump's team may waive that right in order to get more time to review the government's evidence and build a defense. However, with just months until the first 2024 GOP primary debate, it's unclear what sort of timeframe the former president and his legal team may be looking to move ahead with.

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Whenever things get moving with the actual trial, Smith said the government "very much look[s] forward to presenting our case to a jury of citizens."

Smith did not broach the fact that this is the first time a former president has been indicted on federal charges — not to mention by the administration of a president who may be running against Trump in the 2024 general election — nor did he address the significant powers afforded to presidents that make this case unlike any other case brought on these or similar charges.

The federal charges against Donald Trump, more than 35 in all, were unsealed before Friday's press conference, including counts for the willful retention of national defense information, conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheme to conceal, and false statements and representations.

Among other facts contained in the now-unsealed indictment, new photos of document boxes stashed around Mar-a-Lago were released showing allegedly classified materials stacked around a toilet in a chandelier-adorned bathroom, among other places.