Jack Smith’s “Trump co-conspirator 4” shows no one is off limits
When DOJ Special Counsel Jack Smith criminally indicted Donald Trump this week for attempting to overthrow the 2020 election, Smith named six co-conspirators. They weren’t charged in the Trump indictment, but it’s clear that they will end up indicted if they don’t flip promptly.
One thing that’s being overlooked but shouldn’t be: “Trump co-conspirator 4” is former Assistant Attorney General Jeffrey Clark. This means the DOJ is on track to criminally indict Clark for actions that he took while he was helping to run the DOJ. And it’s not as if Clark is going to be indicted for robbing a bank on the side. He’s going to be indicted for criminal actions that he took in his role as Assistant Attorney General.
If Jack Smith is going after one of the former leaders of the DOJ, then clearly no one is off limits here. Smith will criminally charge anyone he thinks is guilty of a crime, if he also thinks he can get a conviction against them at trial.
That doesn’t mean Jack Smith is going to criminally charge everyone under the sun. As I’ve spelled out numerous times, no trial jury would ever convict anyone for merely pumping their fist in the direction of a crowd, or giving a speech on the House floor, or voting against certifying the election. For any given person to be charged and convicted, there would need to be an additional element to their actions, such as documented conversations behind the scenes showing an intent to defraud, or an intent to incite.
But while Jack Smith is not going to charge people just because they are bad people who did villainous things, he is clearly going to charge everyone he thinks he can get a conviction against. No one is automatically off limits just because or who they are of what position they might hold.
Then again, Jack Smith just criminally indicted the former President of the United States for actions he took in that role. On its own that pretty much means all bets are off. But now also he’s about to criminally indict one of the DOJ’s own former top officials for actions he took in that role. There are clearly no limits to who all Smith is willing and able to criminally target. Anyone who committed a crime in relation to the 2020 election shouldn’t be sleeping soundly right now.
