Attorney General Merrick Garland last year appointed Smith, an international war crimes prosecutor who also led the Justice Department’s public corruption section, as special counsel to investigate efforts to undo the 2020 election and Trump’s retention of hundreds of classified documents at his Palm Beach, Florida home, Mar-a-Lago. Although Trump has derided him as “deranged” and suggested that he is politically motivated, Smith’s past experience includes overseeing significant prosecutions against high-profile Democrats.
The Justice Department’s investigation into the efforts to overturn the 2020 election began well before Smith’s appointment, proceeding alongside separate criminal probes into the Jan. 6 rioters themselves.
More than 1,000 people have been charged in connection with the insurrection, including some with seditious conspiracy.
Rep. Adam Schiff (D-Burbank), also a member of the House select committee investigating the Jan. 6 attack, told KQED that Tuesday’s indictment closely tracked with his committees’s work, and the evidence that emerged in hearings and in its final report.
“The work had a huge influence on the actions of the Justice Department,” he said. “And it may very well be the Justice Department may not have reached this point of indicting the former president in the absence of our committee’s work.”
Schiff went on to stress the momentousness of the indictment, and the risks it poses to an already extremely politically polarized nation.
“I think the only thing worse, more dangerous than charging a candidate for president or former president is not charging them when they’ve committed a crime,” he said. “And so this is a necessary part of our democracy. We’re going to have to go through this as a country. It’ll be yet another test of the strength of our institutions.
This story includes reporting from KQED’s Steph Rodriguez, Natalia Navarro, Matthew Green and Sydney Johnson.