Below is my column in The Hill on the appearance of Jack Smith in a “No Kings” T-Shirt just days after his testimony on Capitol Hill, claiming to have had no bias or agenda against Trump. Smith must have known that his presence and dress at the “Power to the People” concert would be widely circulated on the Internet. His message was clear, but entirely unnecessary given his record as Special Counsel.
Here is the column:
After his recent congressional testimony, former Special Counsel Jack Smith appeared at a “Power to the People Fest” sporting a “No Kings” T-shirt. Aside from a midlife crisis, the most likely explanation is that Smith wanted to send a message, reaffirming his bona fides as an anti-Trump warrior.
It was a Comey moment, but without the seashells.
The Power to the People Fest featured many whom Smith has long cultivated in the “Democracy-is-Ending” crowd. The organizers billed the event as “working to restore and strengthen democracy” and featured some of Trump’s loudest critics.
The top billing went to Bruce Springsteen, who has lately turned his concerts into anti-Trump rave sessions, including comparing Trump officials to “Gestapo” and calling the administration “treasonous.” He continued those attacks at the concert with Smith, denouncing Trump as “lawless” and his administration as murderers.
For his part, Tom Morello, the chief organizer of the rally, has called Trump and his administration “fascists” and leading crowds in chants of “F— Trump.”
And there was Smith in his own “No Kings” tee shirt.
It was a particularly inopportune time, as new evidence on Capitol Hill showed how Smith not only seized phone records of Republican members of Congress, but tracked communications with Trump’s attorney.
Smith has always been undone by his excessive appetite and his habitual failure to respect the limits on his authority. He has a history of losing major cases by advancing excessive and abusive legal claims. This included his stinging defeat in a unanimous Supreme Court decision dismantling his case against former Virginia Gov. Bob McDonnell (R).
During the Trump investigation, Smith showed that he had learned nothing from his losses. Indeed, former Attorney General Merrick Garland appointed Smith with full knowledge of his past disregard for constitutional limits.
Smith richly deserves to be criticized for his unrelenting attack on free speech protections as well as his decision to file a second case focusing on the 2020 election. And the unfolding details of how Smith seized the telephone records of Republican members of Congress, including those investigating his own conduct, only confirm suspicions that Smith wanted to bag Trump at any cost. That included seeking to curtail appeals and rush prosecutions before the 2024 election. Smith failed when Trump chose to run despite the lawfare, and he failed again when Trump handily won the election. But Smith’s obsession was so consuming that he was willing to try Trump right up to Inauguration Day.
The new details of Smith’s investigation should outrage members of both parties. The use of pen registers (to identify the destination of outbound calls and messages) and of trap and trace orders (for incoming) entirely disregarded longstanding rules protecting the legislative branch from such encroachments. And what is particularly alarming is that these searches were obvious fishing expeditions — these were not focused searches on specific wrongdoing, like the searches involving the corruption case against Rep. William Jefferson (D-La.) 20 years ago.
In addition to members of Congress, Smith and his team monitored the activities of Trump’s legal defense team, journalists and campaign advisers. That includes now-White House chief of staff Susie Wiles’ phone. At the same time, Smith secured a non-disclosure order from the court that prevented mobile carriers from notifying the affected lawmakers that they were being spied on. Thus, as members were looking into Smith’s excesses, they were not told that he was receiving and poring over their telephone records.
The White House Government Transparency Task Force released material this week showing that Smith’s team used an investigation codenamed “Plasmic Echo” to engage in an untethered fishing expedition. Notably, Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco signed off on the sweeping seizure with no apparent effort to address obvious constitutional concerns over the right to counsel and Article I powers. Once again, Garland was entirely passive and simply endorsed the recommendations of those around him.
FBI Director Christopher Wray sent a March 2022 memo to Garland and Monaco seeking the attorney general’s approval to launch Plasmic Echo. Monaco added her endorsement before Garland signed off.
FBI investigators traced “Wiles’ phone calls and text messages with at least 21 lawyers affiliated with Trump, numerous campaign staff, political advisors, and at least five journalists from at least February to May 2023.”
This investigation also involved gathering intelligence on Trump’s political action committee, including its donors and campaign expenses.
Smith and the FBI continued the aggressive posture even as agents were balking at some of these means, including those who felt that the raid on Mar-a-Lago was unnecessary to resolve the concerns over the classified material.
Smith has continued to portray himself as unbiased and not motivated in any way by the election: “Anybody who has worked with me and knows me during the course of my career knows that I would not let politics play a role,” he has said.
But shortly afterward, he appeared in his No Kings tee shirt at the Power to the People fest. It was vintage Smith — an almost mocking arrogance in the face of growing criticism over his methods and partisanship.
The irony is that Smith was a better fit as a member of this profanity-spewing anti-Trump crowd than he ever was as special counsel. The pretense was gone, and he was finally in his element. In that sense, he might view this as his coming-out party, but Smith actually came out years ago.
Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
Transparency, truth, and accountability are DOA
Let’s get some T-shirts printed up that say “No Jacks.”
jack
2. noun, slang A small,trifling, or worthlessamount.Now, I know jack about computers, so you’ll really have to help me fix this issue.We didn’t learn jack from their presentation.
3. noun, dated slang A detective.A couple of jacks came snooping around here yesterday.
4. verb, slang To stealsomething.The thieve jacked a bunch of high-end consumer electronics.I didn’t have enough money for the magazine, so I decided just to jack it.
5. verb, slang To rob,cheat, or deceivesomeone.
https://idioms.thefreedictionary.com/jack+someone
We all knew why Smith was chosen by Biden/Garland/the big Democrats like Schumer and Pelosi
Prosecutors need to be tough. Jack Smith is tough. The question is did he do wrong? I am personally not liking what I am seeing. I am seeing potential for abuse. As much As I do not like the idea of Smith only looking at Republicans, it does not mean it is partisan. It could be where the trail follows. Yet, when he wears a no kings shirt and joins in a highly partisan event, he blows his credibility. This is absolutely an appearance of impropriety.
-ANd to think that students were PUNISHED/DISCIPLINED for “Let’s Go Brandon!” T-Shirts!
But Smith goes Scot=free without violating any ethics or legal/employment codes or provisions?
America stands at the center of a defining conflict between globalist priorities and a renewed commitment to national sovereignty, self-government, and the principles on which the republic was founded.
Jack Smith is a hero who has a better understanding of American history than many of you Trump sycophants.
I would love to know what federal judge signed off on the non-disclosure. We have a judiciary that has become too partisan.
Jack Smith is the highest paid whore that the Democrats have.
If Hitler was doing bad things then why not be anti-Hitler?
If Trump is doing bad things, then why not be anti-Trump?
Because Smith is supposed to be an unbiased prosecutor following the law. He is NOT supposed to put his thumb on the scale because he does not like anyone over either personal animosity or politics. At best he show a an appearance of impropriety if not outright impropriety. He does more harm to the larger issues with his behaviors.
Republicans were acting like communists when they put Jack Smith through their Stalinist show trial.
You fancy yourselves the guardians of the Constitution? What a farce. That is like a bunch of demons being the guardians of the Holy Bible.
Please, Mr. Jack Smith, regarding your current political stand, show mercy and do not come to our little Texas town and destroy our way of life. We only have ONE Burger King, and it is a burger haven for so many of our citizens!
Trump is a greater threat to the Consitution than Jack Smith, so it would make more sense to make Trump the focus of any articles. If Trump is like Hitler, and Jack Smith is anti-Hitler, and this makes Turley pro-Hitler.
WTF is an anti-Hitler?
How do you figure, apart from your psycho math, Turley to be pro-Hitler? You do realize Hitler is dead; not running for any political office. Then, what has he written that establishes any pro-Hitler credentials?
anonie,
what’s a “con-si-tution”?
Free speech advocates have an ethical obligation to advocate for free speech, as well as free association.
Jack Smith and the Democrats in general walked all over the Constitution’s clear protections of numerous citizens and politicians.
The Founders were very concerned about the abuse of power by government. They clearly expressed their concerns in the Preamble of the Bill of Rights,
“THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”
As usual Lawyers and Judges worked together to subvert the Constitutional protections of the 4th Amendment. The Founders clearly required Probable Cause Search Warrants to be served to the person or persons under investigation prior to accessing every aspect of their life.
Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The exact concern of abuse the Founders addressed with the 4th Amendment plays out in Smith’s Lawfare Investigation. Judges allowed Government Investigators gaining access to almost every aspect of a citizen enumerated protections, without the person or persons having knowledge, and without serving of a warrant. In fact Judges gave Smith gag orders to hide the unconstitutional intrusions into numerous victims lives.
What should be taken away from Smith’s investigation is that government, which is bound by the laws of the Constitution, will without hesitation trample the rights of the people any time they feel compelled. This should worry everyone, no matter what side of the political Spectrum you are on. Judges especially are a concerning as recourse against them is severely limited, allowing them to abuse their power at will. Sadly we have a Supreme Court who is willing to violate the same Constitutional protections, and fails to reign in the inferior court Judges abuses.
The protections of our Constitution and the limits on government contained in it are being violated by the very branch of government tasked with ensuring its enforcement.
Judge Boasburg, was a willing participant in the constitutional abuses.
The I think Johnathan’s column touches on a point that bears discussion. It starts with the durability of the Constitution’s design to deal with problems. What struck me reading this morning is what checks and balances are produced by the actions of the people who have been participants in the operation of the national government. Specifically, it was President Ronald Reagan’s AG, Ed Meece, who brought forward the legal argument that shot down Smith’s appointment as Special counsel. AG Garland forgot to remember he needed Senate confirmation for Smith’s appointment. Two AG’s, same Constitution, big disagreement on what is owed by Article ll people to Article l people before trying to turn a citizen into a convict. And by extension, what is owed to We The People.
Jack Smith (Frm. Special Counsel for the United States Department of Justice) began his career fresh out of Harvard Law School where he was awarded a juris doctor, cum laude in 1994 and started as an Assistant District Attorney in New York County District Attorney’s Office from 1994 to 1999), under the direction of Robert Morgenthau.
[Note: The same offices where Jennifer Choe-Groves and Alvin Bragg Jr. began their legal careers]
In 1999 Smith then transferred to the offices of the United States Attorney for the Eastern District of New York, where he worked with Loretta Lynch (her 1st appointment term: June 2, 1999 – May 2, 2001 and 2nd appointment May 8, 2010 – April 27, 2015), and later as she was the 83rd Attorney General of the United States from 2015 to 2017)*.
Over Smith’s career he found himself in the intersections of: (Smith); Alvin Bragg, Loretta Lynch, James Comey, Merrick Garland, Hillary Clinton and Barak Obama … and more. He is definitely ‘in the thick of it’ when is comes to the Democratic Party.
ALL THIS is water under the bridge, as we enter the Post Midterm Congress and President Trump’s remaining two year Lame-Duck ‘Fireworks’.
United States Attorney for the Eastern District of New York
https://en.wikipedia.org/wiki/United_States_Attorney_for_the_Eastern_District_of_New_York
[Note: Lets not forget the efforts of John J. Durham (acting): January 22, 2025 – May 5, 2025]
** Loretta Lynch
https://en.wikipedia.org/wiki/Loretta_Lynch#Hillary_Clinton_email_investigation
Estovir is no longer trying to impress with ‘NB’ and now copycats [Note:]
The I think Johnathan’s column touches on a point that bears discussion. It starts with the durability of the Constitution’s design to deal with problems. What struck me reading this morning is what checks and balances are produced by the actions of the people who have been participants in the operation of the national government. Specifically, it was President Ronald Reagan’s AG, Ed Meece, who brought forward the legal argument that shot down Smith’s appointment as Special counsel. AG Garland forgot to remember he needed Senate confirmation for Smith’s appointment. Two AG’s, same Constitution, big disagreement on what is owed by Article ll people to Article l people before trying to turn a citizen into a convict. And by extension, what is owed to We The People.
It’s way past time for all Americans who love our constitutional republic to proclaim loudly & decisively, “WE WILL DEFEND OUR CONSTITUTIONAL REPUBLIC TO THE DEATH, JUST AS OUR FOUNDERS DID!”