Jack Smith's Memory Lapse: Forgot His Own Oath - but Not Trump's 'Crimes'

Former Special Counsel Jack Smith, the guy whom then-Attorney General Merrick Garland assigned to oversee the criminal investigations regarding President Donald Trump's handling and storage of classified documents at his Mar-A-Lago home and alleged election interference, seems to have some memory issues. He can remember things about President Trump — but, oddly enough, he doesn't seem to remember key details of taking the oath of office, which he would have been required to do.

On Thursday, while Smith was being grilled by Republican Representative Lance Gooden (TX-05), he admitted having no memory of being sworn in. Watch:

🔥HOO BOY: @Lancegooden might've just caught Jack Smith & former Attorney General Garland RED-HANDED!

GOODEN: "Would you agree that taking the oath of office is a legal requirement for the job that you had?"

SMITH: "I haven't researched whether it's required or not."

GOODEN:… pic.twitter.com/E70OFOZvQ7
— Townhall.com (@townhallcom) January 22, 2026

The post continues:

GOODEN: "It strikes me as odd that you don't remember who swore you in, how you were sworn in...Attorney General Garland had you retake the oath of office...Why did he make you do that? "
SMITH: "I don't know the particulars...I think I signed an oath."
GOODEN: "You signed it, but there was no witness. There was supposed to be either notarized or a witness. And apparently, Attorney General Garland thought it was significant enough to have you do another oath 11 months later! That's strange, right?"

I took an oath when I enlisted in the Army in 1984. I took another when I was commissioned as a Second Lieutenant. I remember those pretty clearly. I remember details around them, especially the second one: The Major's name who administered the oath, the crusty old Sergeant Major of my acquaintance who, at my commissioning, rendered the first hand salute I received as an officer and a gentleman, and who received the traditional silver dollar in return. Most of all, I remember who pinned the first gold bars on my Class A uniform — my Dad, who described it as one of the proudest moments of his life.

These are things that people remember. But Jack Smith doesn't?

New House Doc Dump Reveals More Weaponization of Biden-Era DOJ

That's hard to countenance.

And why would his boss, Merrick Garland, feel the need to have him take the oath again after 11 months? Was there some paperwork oversight? Was this simple incompetence?

Given what we saw over the four years of the Biden administration, it seems likely that incompetence is the likely answer. From befuddled old Joe to his cackling understudy right through the Cabinet, this was administration staffed by a big collection of people who weren't the sharpest knives in their specific drawers.

I mean, it's the law. 28 U.S. Code § 544 - Oath of office says very simply:

Each United States attorney, assistant United States attorney, and attorney appointed under section 543 of this title, before taking office, shall take an oath to execute faithfully his duties.

But how could a former United States attorney now know this? Isn't knowing the law his job? Granted, Rep. Gooden notes that Mr. Smith signed an oath when he was first appointed to the position, but there was no affirming witness signature and no notarization.

This is just incompetence — or maybe worse, just plain carelessness. Just like everything else in the late, unlamented Biden administration.

And to the larger point, if Smith wasn't, in fact, properly sworn in as Special Counsel, does that invalidate the actions he took in that role? That may be moot now from a practical standpoint, as the prosecutions in question have since been dismissed. Still, it's something to ponder.

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