In a remarkable development, Jay Bratt, one of the most senior deputies to special prosecutor Jack Smith, made a courageous move and… He took the Fifth Amendment during a deposition in front of a GOP-controlled House committee. This decision comes at a time when tensions are mounting over the investigations of former President Donald Trump and claims of political abuse. The House Judiciary Committee, chaired by Jim Jordan, had summoned Bratt to testify. So, too, has his role as one of many witnesses in the federal criminal case against Donald Trump over Trump’s alleged mishandling of classified documents.
The backdrop to this moment is a months-long string of legal tactics that have played out over the last year. In July 2022, Judge Aileen Cannon threw out classified documents case against Trump. She ruled that Smith had been unlawfully appointed to head the probe. Cannon claimed that Smith was exercising the authorities of a “principal officer,” which would normally need to be confirmed by the Senate. At the time of her ruling, Smith had already charged Trump in two cases: one in Florida for mishandling classified documents and another in Washington for attempting to overturn the 2020 election results.
In response to these events, Trump promised retribution on everyone who played a part in the various investigations. He then personally led the charge to fire more than a dozen prosecutors who’d served under Smith. In light of the political climate, Ed Martin, appointed by Trump to lead the Department of Justice’s weaponization working group, has been actively investigating Smith, along with other prosecutors such as Alvin Bragg and Fani Willis.
“This administration and its proxies have made no effort to hide their willingness to weaponize the machinery of government against those they perceive as political enemies. That should alarm every American who believes in the rule of law,” stated Peter Carr, a spokesperson for the prosecution.
In response to the questioning, Carr remarked, “In light of these undeniable and deeply troubling circumstances, Mr. Bratt had no choice but to invoke his Fifth Amendment rights.”
As the investigations continue, tensions remain high. Martin claimed that his office is ready and willing to criminally charge persons who acted improperly. There are a few exceptions, such as where there are really bad actors, some people that did some really bad things to the American people. If they can be charged, we should charge them. But if they could be charged, we’ll call them,” said Martin.
Meanwhile, Jack Smith filed an appeal against Cannon’s dismissal of the case, which remained unresolved by the time of Trump’s election victory in November. Oddly enough, both of those indictments against Trump were dismissed as soon as he was re-elected last November.
The courtroom drama continues to play out, but remain is the uncertainty about what it means for Trump’s political fortunes. More importantly, its broader implications for the U.S. justice system are unclear.