In search of a new leader for the unit, the Justice Department turned to a war crimes prosecutor in The Hague who’d cut his teeth in New York prosecuting state and federal crimes, including the brutal beating of a Haitian immigrant by police.
The year was 2010 and the Justice Department’s prestigious public integrity section was still recovering from a costly debacle over the withholding of exculpatory evidence in a case against Alaska Sen. Ted Stevens.
“I had a dream job and I had no desire to leave it, but opportunities like this don’t come up very often,” Smith said. “I left the dream job for a better one.” Smith will presumably have to move swiftly to ensure his work concludes before the home stretch of the 2024 presidential election, given the Justice Department’s historic interest in avoiding action that could be seen as interfering in the outcome of a race.
The Harvard-educated Smith spent his formative years in New York, where his cases included the prosecution of police officers involved in the broomstick sodomy of Haitian immigrant Abner Louima. While in New York, he once spent a weekend sleeping in the hallway of an apartment building so he could intercept a victim who was afraid to testify in a domestic violence case. The woman wound up taking the stand after what Smith said was a “long, long talk.
Although those two cases ultimately came up short, the section brought successful cases against a number of state officials charged with defrauding taxpayers as well as service members who defrauded the military. There were high-profile victories for the section, too. In 2015, Smith became a federal prosecutor in Nashville and later served as acting chief of that office before heading to private practice and, more recently, as chief prosecutor for the special court in The Hague tasked with investigating war crimes in Kosovo.
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