In July, a federal judge dismissed charges against former President Donald Trump for handling classified documents, ruling that the appointment of Special Counsel Jack Smith was unconstitutional. This decision came shortly after the Supreme Court rebuked Smith’s separate prosecution of Trump regarding the 2020 election, emphasizing that the president has absolute immunity when executing official duties. Brian Hawkins wrote in The Federalist that this was within Trump’s “conclusive and preclusive constitutional authority”.
This isn’t the first time Jack Smith has been accused of weaponizing federal power against conservatives. Over a decade ago, he played a pivotal role in the IRS Tea Party targeting scandal, which ended with the IRS apologizing but saw no accountability. In 2013, the IRS admitted to unfairly scrutinizing conservative organizations’ applications for tax-exempt status during the height of the Tea Party movement, just before the 2012 election. This effectively stifled a growing conservative movement.
Congressional investigations into the scandal revealed Smith’s significant role. He urged federal law enforcement to investigate conservative nonprofits after reading a New York Times article critical of these groups. When the FBI resisted, Smith turned to the IRS. There, he found a willing partner in Lois Lerner, then-director of the IRS’s Exempt Organizations unit. Congressional Republicans later highlighted Smith’s involvement, with Rep. Jim Jordan stating, “Jack Smith was looking for ways to prosecute the innocent Americans that Lois Lerner targeted during the IRS scandal”.
Despite the IRS admitting wrongdoing and settling with victimized groups in 2017, Smith remained in influential government roles.
Smith’s history underscores ongoing concerns about government agencies like the IRS abusing power. As long as political appointees and bureaucrats like Smith remain influential, the potential for similar abuses against political opponents endures, threatening First Amendment rights and personal privacy.
This post originally appeared at https://www.phyllisschlafly.com/constitution/judicial-supremacy/jack-smiths-lawfare-history-how-he-put-the-brakes-on-the-tea-party/
