Jack Smith reveals he had ‘tons of evidence’ against Trump

Washington, D.C. – Former Justice Department special counsel Jack Smith, who led investigations into President Donald Trump’s handling of classified documents and his role in the January 6, 2021, Capitol riot, stated in a rare public interview released Tuesday, that he had “tons of evidence” proving Trump’s willful retention and obstruction in the Mar-a-Lago case, contrasting it with the Biden probe where no such willfulness was found.

Smith, speaking at the University College London Centre for Global Constitutional Democracy, emphasized that to convict on illegal possession, prosecutors must show the defendant “knew what he was doing was wrong,” citing Trump’s refusal to return documents pre-investigation and ongoing obstruction.

The case, resulting in a 40-count indictment in June 2023, was dismissed after Trump’s 2024 reelection due to DOJ policy against prosecuting a sitting president. Smith’s remarks, amid Trump’s continued attacks on him as a “sleazebag,” show the differences in outcomes: Trump faces no consequences, while his critics like New York AG Letitia James and former FBI Director James Comey endure harassment.

Smith’s conversation with former FBI general counsel Andrew Weissmann at UCL, addressed his probes into Trump’s classified documents and January 6 efforts. On the Mar-a-Lago case, Smith said, “One of the major differences between the [Biden and Trump] cases is the obstructive conduct in the case that I investigated… To prove illegal possession of classified documents, you need to show that the defendant possesses the documents willfully. That means [Trump] knew what he was doing was wrong. We had tons of evidence of willfulness.”

He noted the government attempted retrieval before a criminal probe, but Trump “still [refused] to give them back, and then [tried] to obstruct the investigation,” including public statements like “these are my documents,” per CNN.

Smith contrasted this with the Biden investigation, led by Robert Hur, where no willfulness or obstruction evidence existed, despite four times fewer documents. Hur’s 2024 report declined charges, citing Biden’s age but no criminal intent. Smith’s case involved 300+ classified documents at Mar-a-Lago, including nuclear secrets, per the indictment. Evidence included audio of Trump acknowledging classified status, per The New York Times.

Smith also criticized Trump’s second-term DOJ for politicization, citing Signal use for war plans as classified mishandling without investigation, unlike his Trump probe. He noted no prior administration ignored such leaks.

Trump’s Attacks and Case Dismissal

Trump has repeatedly attacked Smith, calling him a “sleazebag” and “human scum” on Truth Social in July. Smith’s January 6 case, charging Trump with conspiracy to defraud the U.S. and obstruct proceedings, was dismissed January after reelection, citing DOJ policy.

The documents case, filed in Florida, was dismissed July 2024 by Judge Aileen Cannon for unconstitutional special counsel appointment. Smith’s report on January 14, 2025, concluded Trump would have been convicted, with evidence of pressure on officials and fake electors, per CNN.

James and Comey face ongoing harassment; Trump called James a “racist” in 2024, and Comey a “dirty cop” in 2025. Smith’s interview, his first major post-probe, defended his work as “thorough and unbiased.”

Democrats like Rep. Jamie Raskin praised Smith on X, “Finally, facts over fiction—Trump’s obstruction was clear.” Trump responded, calling Smith “low IQ” on Truth Social, per Fox News.

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Smith’s revelations may fuel congressional probes, with Democrats pushing for DOJ reforms. Trump’s attacks on investigators continue, but Smith’s post-role voice could influence public opinion.