Three time loser in high profile cases, Special Counsel Jack Smith’s report claiming if he had gone to trial he would have gotten a conviction of Donald Trump. As Byron York stated, after spending all that time and money “what else could he say?” York pointed out Smith’s sole purpose was to “indict, try, convict and jail Trump before the election.” DOJ guidelines forbid that (Jewish World Review 1/15/25). So if Smith was so confident of a conviction as he likely was before his other losses, why no trial for those he alleged conspired with Trump?
The National Archivist, David Ferriero, an Obama appointee, watched coverage of Inauguration Day 2021. As Trump and Melania walked to Marine One on the White House lawn he said, “a minion behind them was carrying a white records box” (www.unc.edu, S Hudson, The Well 9/21/22).
CBS reported the “Archives” contacted the DOJ over concerns about classified documents taken to Mar-lag-o after Trump left office. This was learned from Ferriero’s letter to the House Oversight Committee (2/18/22). It’s clear the focus was on Trump and not on Joe Biden who had taken classified documents for years.
Most of us are unaware of the power of this office until Ferriero was embroiled in another matter. CNN reported progressives pressured him to certify the Equal Rights Amendment. Yes, the National Archivist certifies amendments to the U.S. Constitution (CNN 2/11/22). However, the DOJ had earlier indicated the deadline expired in 1982 (www.unc.edu 9/21/22) and not receiving the necessary number of states to ratify, it failed. Ferriero declined to exercise that power.
What other officials have such hidden power? This current Congress needs to codify the duties of “The Archivist” as clerical and not imperial and to relegate Special Counsel jobs to the dustbin of history for the archivists to store.
Ralph Miller