Special counsel Jack Smith is nearing the completion of his work gathering testimonies and evidence for the Department of Justice’s criminal investigation into former President Donald Trump. According to the Wall Street Journal, Smith has conducted interviews with numerous staff members at Mar-a-Lago, including maintenance personnel and housekeepers. Some close associates of Trump anticipate his indictment and believe they can use it to fundraise, while clashes within Trump’s legal team have led to the departure of a key lawyer.
In August 2022, the FBI conducted a controversial raid on Trump’s Mar-a-Lago home, seizing boxes of documents. Attorney General Merrick Garland argued that Trump was not authorized to possess these documents at his home. Smith now has the option to file charges against Trump himself or refer the case to Garland for a final decision. It remains unclear whether Smith has reached a decision at this time.
An indictment of Trump could raise concerns for the Biden administration, given that classified documents from Biden’s tenure as vice president were found in his possession. Documents were discovered in his private office at the Penn Biden Center and one of his homes. Documents obtained by America First Legal (AFL) suggest coordination between the Biden White House and the DOJ in obtaining Trump’s records, potentially indicating a politically motivated raid and an abuse of power by Biden.
Those on the left have tried to differentiate the two situations by claiming that Biden was fully cooperating with the Justice Department, while accusing Trump of obstruction. However, it was revealed in January that Biden initially resisted the search of his home and only consented after the Justice Department threatened to seek a warrant if necessary. Another special counsel is currently investigating the circumstances surrounding the classified documents found in Biden’s possession, as the vice president never had the authority to declassify documents as Trump did.
If Trump is indicted while Biden remains untouched, it would further solidify concerns that the DOJ has become politicized and weaponized against political opponents of the Democratic Party. The apparent discrepancies in the treatment of the two cases would fuel suspicions of a double standard and selective enforcement of the law.