Jack Smith, the special counsel investigating the Trump documents and 2020 election cases, has a long prosecutorial resume. He previously secured indictments against Republican and Democratic lawmakers.
During his Justice Department tenure, Smith would have been closely involved in charging decisions, said Kendall Coffey, a former U.S. attorney in the Southern District of Florida. Prosecutors must assess their odds of getting a conviction.
Prosecutors should not be judged by a singular"wins and losses" standard, said Steve Friedland, a former federal prosecutor who is now an Elon University law professor.
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