As Donald Trump prepared to take the stage in West Palm Beach, Florida, to declare victory in the 2024 presidential election, South Carolina Senator Lindsey Graham issued a pointed message to special counsel Jack Smith. Posted on social media platform X, Graham appeared to warn Smith and his team about the future of the criminal cases they’ve filed against Trump.
“To Jack Smith and your team,” Graham wrote, “It is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall.” He added, “The Supreme Court substantially rejected what you were trying to do, and after tonight, it’s clear the American people are tired of lawfare. Bring these cases to an end. The American people deserve a refund.”
Newsbreak explains Attorney General Merrick Garland appointed Smith in November 2022, who was tasked with investigating Trump on multiple fronts: his handling of classified documents at his Mar-a-Lago estate, his actions surrounding the January 6 Capitol attack, and attempts to overturn the 2020 election results. Smith’s team charged Trump in two separate cases in 2023: one in Florida concerning Trump’s retention of sensitive government materials, and another in Washington related to his efforts to challenge his 2020 loss.
Smith and his team filed a 165-page report in October outlining their case against Trump, arguing he should not be shielded from criminal prosecution, a stance they reiterated amid Trump’s legal team’s repeated efforts to delay proceedings as the election approached. Federal prosecutors accused Trump of resorting to illegal means in an attempt to retain power after his defeat in 2020, arguing he does not merit immunity from prosecution.
As Trump’s presidential win neared, his legal challenges remained complex. In May, Trump was convicted of 34 counts related to falsifying business records concerning a hush-money payment to adult film actress Stormy Daniels. Though his sentencing was initially set for September, it was postponed to November 26 at Trump’s request to allow him to complete his election campaign. If the date stands, Trump could soon become the first sitting president to serve while simultaneously facing criminal sentencing.
In July, the Supreme Court granted broader immunity protections to former presidents, which further complicated Smith’s prosecution efforts. The ruling, along with the upcoming election, allowed Trump’s legal team to push for additional delays.
