Why did Jack Smith only charge President Trump? Legal expert weighs in

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Former Special Counsel Jack Smith was grilled by lawmakers in his first public testimony on Capitol Hill on Thursday.

Former U.S. Attorney John Fishwick joined The National News Desk to break down the key moments in the testimony.

Smith had many moments where he spat with GOP members of Congress, including his “real beef with Jim Jordon,” said Fishwick.

A part of that beef is the subpoenaing of Jordan’s phone records. Phone records of senators were also subpoenaed.

“I think it was really inappropriate for Jordan’s records to be, you know, subpoenaed for two years,” Fishwick said.

Besides the bipartisan back and forth, the real legal question is, why was only Trump charged in the January 6th case?

“He wanted to go against Trump only. And I think that’s a serious question for the public,” Fishwick said.

“Why not bring those other folks here into the case? But I think Jack Smith wanted to proceed against Trump, and so he did not charge those other individuals, even though he said there was enough evidence to bring them into the case,” Fishwick said.

What was not a focus of the testimony: whether or not Jack Smith’s appointment was lawful.

“I think probably his appointment was lawful. I think that decision was a little bit out of the ordinary in the legal world,” Fishwick said.