Former Special Counsel Jack Smith testifies before the House Judiciary Committee on Capitol Hill in Washington, D.C., U.S., January 22, 2026. REUTERS/Kevin Lamarque
Former Special Counsel Jack Smith told MS NOW in a Thursday interview that he’s still prepped and ready to relaunch his case against President Donald Trump’s handling of classified documents and his actions surrounding the January 6, 2021 Capitol attack.
“After the Supreme Court grants Donald Trump immunity you filed a superseding indictment. You’re still ready to bring the case to trial, right?” asked MS NOW anchor Nicole Wallace.
“Yeah. Correct,” Smith confirmed without hesitation.
“… We did what good prosecutors do and what you’re supposed to do. … we didn’t agree with the [court’s] reasoning of it, but we looked at the evidence we could no longer use and the evidence we could use … and in this particular case a lot of the evidence was him in his role as a candidate and we felt we could go for it.”
Smith added that Trump’s chances of being prosecuted and convicted are still very good if his research is presented before a court of law.
“We would not have gone forward with the case if I still did not feel we could prove beyond a reasonable doubt,” Smith told Wallace.
Smith, a career prosecutor known for his work on high-profile cases, was tasked with leading what became one of the most significant legal challenges to Trump's post-presidency activities.
Smith's investigation resulted in federal indictments against Trump on multiple counts related to the alleged mishandling of classified materials at his Mar-a-Lago estate and efforts to overturn the 2020 election results. The classified documents case centered on allegations that Trump retained national defense information after leaving office and obstructed efforts to retrieve them.
Smith's work became increasingly controversial and subject to political pressure. Trump and his allies criticized the investigation as politically motivated persecution, while supporters argued it was necessary accountability. The special counsel faced obstacles including challenges in securing cooperation from key witnesses and navigating complex legal questions about presidential authority.
After Trump's return to office in 2025, the special counsel's cases faced significant legal and political challenges. Trump's appointment of allies to key Justice Department positions complicated Smith's investigation, and questions arose about the future of pending cases.
Smith represented an attempt by the Justice Department to independently investigate a sitting president through the special counsel mechanism — a process that ultimately proved contentious and unable to proceed unimpeded amid changing political circumstances of Trump’s successful re-election.
However, Trump is termed out. And once he is out of office, Smith said nothing stops his case from plowing forward again. The facts and the evidence, he said, are preserved and waiting for review.