Jack Smith defends Trump indictment: ‘We have one set of laws and they apply to everyone’

Former president faces 37-count criminal indictment for allegedly retaining top secret documents

In brief remarks after the release of a searing federal indictment against Donald Trump, the man appointed to lead the investigation into the former president’s alleged mishandling of national security documents after he left the White House has defended the charges against him, and urged Americans to read the historic filing in full.

Special counsel Jack Smith, who was appointed by US Attorney General Merrick Garland as an independent investigator with the US Department of Justice, stressed that laws intended to “protect national defence information are critical to the safety and security of the United States.”

“And they must be enforced,” he said in remarks on 9 June.

“Violations of those laws put our country at risk. Adherence to the rule of law is a bedrock principle of the Department of Justice and our nation’s commitment to the rule of law sets an example for the world,” he added. “We have one set of laws in this country and they apply to everyone.”

The collection of facts is “what determines the outcome of an investigation – nothing more nothing less,” he said.

Federal prosecutors have charged the former president in a 37-count, 49-page indictment that includes 31 counts of illegally retaining national defence secrets in violation of the Espionage Act.

He also faces several counts of conspiracy to obstruct justice and making false statements to federal law enforcement and a grand jury.

Mr Trump will surrender, face arrest, and be formally charged in US District Court in Miami, as soon as next week. Under maximum federal sentences, if convicted, he could face decades in prison.

Mr Smith also stressed the impartiality of his office and prosecutors involved in the investigation, as high-ranking Republican officials continue to repeatedly and falsely assert that President Joe Biden was involved or had pressed for charges against his political rival.

A grand jury in Florida ultimately voted to recommend charges.

“This indictment was voted by a grand jury of citizens in the Southern District of Florida and I invite everyone to read it in full to understand the scope and the gravity of the crimes charged,” Mr Smith said.

The prosecutors working with Mr Smith “have investigated this case hewing to the highest ethical standards, and they will continue to do so as this case proceeds,” Mr Smith said.

“It’s 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,” he added. “To that end, my office will seek a speedy trial on this matter consistent with the public interest and the rights of the accused.”

Mr Trump has denied wrongdoing and lashed out at the multiple investigations involving his administration and family as a “hoax” and a “witch hunt.” Before Mr Smith’s remarks, he called Mr Smith – a former war crimes prosecutor at The Hague – a “deranged lunatic” and a “psycho”.