Jack Smith rushed to 'get his foot in the door' to avoid Fani Willis conflicts: report

Special counsel Jack Smith moved to get his indictment against former President Donald Trump issued as quickly as possible, in part to avoid any complications with Fulton County prosecutor Fani Willis releasing her indictments ahead of him, reportedThe New York Times on Tuesday.

Both prosecutors are investigating efforts to overturn the election in 2020, with the latter focusing specifically on activities in Georgia, including the false elector scheme there, Trump's phone call with Secretary of State Brad Raffensperger demanding he "find" extra votes, and the breach of elections equipment in Coffee County that was allegedly masterminded by attorneys close to Trump.

"One of the factors that might have spurred Mr. Smith to bring his charges before Ms. Willis indicted Mr. Trump was a desire to 'get his foot in the door' before Ms. Willis, according to a person with knowledge of the situation,"" reported Glenn Thrush and Danny Hakim. "And it is likely — if not guaranteed — that Mr. Smith will proceed first, given the fact that his case involves only one defendant. The judge overseeing the trial, Tanya S. Chutkan, has also signaled her intention to move quickly, particularly if Mr. Trump keeps up his attacks on the court and prosecutors, which she said could taint the pool of potential jurors."

According to former U.S. Attorney John P. Fishwick Jr., the Georgia case would "be a problem for Jack Smith ... But there is no way the Georgia case goes to trial before the 2024 election, so short term, this overlap will not matter much."

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It is common for federal prosecutors who are investigating the same case as state prosecutors to move "aggressively" and assert their claim as priority, noted the report — however, Willis and her investigators "had a nearly two-year head start, so they were far along in their investigation long before Mr. Smith, building on an investigation that began in the U.S. attorney’s office in Washington, took over as special counsel in late 2022."

Smith's case is considerably narrower; he is focused specifically on Trump's actions, at least for the time being, while Willis charges a sprawling racketeering scheme involving 18 other individuals, including the Georgia Republican Party chair.