Railing about the 2022 Mar-a-Lago raid, Newsmax's Greg Kelly says Jack Smith belongs in jail. Smith wasn't involved in the classified documents case until months after the raid.

Discussing newly released FBI emails about the August 2022 raid of Mar-a-Lago, Newsmax host Greg Kelly declared that “Jack Smith belongs in jail. Absolutely.”

Putting aside the documented problems with the overall right-wing narrative emerging from these emails, the conclusion that this is about Jack Smith at all gives away their true aim. At the time of the raid, Smith was in Europe investigating war crimes; he did not become special prosecutor until months later:

Smith did not become special counsel and take over the classified documents case until November 22, 2022. At the time of the Mar-a-Lago search, he was working in the Netherlands as chief prosecutor for a special court investigating war crimes stemming from the 1990s war in Kosovo.  

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Citation

From the December 17, 2025, edition of Newsmax's Greg Kelly Reports 

GREG KELLY (HOST): Very damning emails between the FBI and the DOJ about, at the time, the upcoming Mar-a-Lago raid. Right? Remember when they planted the evidence on the floor in Mar-a-Lago? Oh my gosh. These classified documents all over the place. A great big scam. 

Now, months ahead of time, the FBI was freaking out. They didn't think that there was any reason to raid Mar-a-Lago, that there was no crime. I want to go through these emails. Chuck Grassley released them. We got to go through the glossary first. OK? There's a glossary here. WFO means Washington Field Office, PC means probable cause or probable cause, not probably cause, like there's a likelihood that a crime occurred. That's what you need for a warrant. And SW is a search warrant. 

Now, let's go through the emails. A lot of this stuff is FBI emailing itself, by the way. Washington Field Office has been drafting a search warrant affidavit related to these potential boxes, but has some concerns that the information is single source, has not been corroborated, and may be dated. The DOJ counterespionage people, they opined, however, that the search warrants meet the probable cause standard. 

Now, the prosecutors are hungry. Usually it's the other way around, right? The investigators are hungry. The lawyers are more cautious. That's a red flag right there. But look at that. The information is single source, has not been corroborated, and may be dated. Sounds like all the crap that they had for the Steele dossier or the weapons of mass destruction. The swamp, it never changes. Let's see, what else do we have here? Next, please. 

Washington Field Office asked DOJ whether contacting the attorney and trying to negotiate the return of any classified documents would be reasonable, given that the attorney seemed open to trying to reach an accommodation. DOJ, the Biden Justice Department, has been adamant that no accommodation would be given and that they would not reach out to the attorney. 

They just wanted to bust into the door in Mar-a-Lago and invade the privacy and get all that stuff. Terrible people. Terrible. Next email please. 

Likely defense strategy to a potential mishandling charge — this is the FBI writing — a president has absolute authority to declassify documents, and that presidential action involving classified documents are not subject to criminal sanction. And they mentioned that another attorney has stated in the press that the former president declassified all these records. 

So the FBI, they continue to write to themselves. Next email, if you don't mind, please, or the next part of this email. 

Washington Field Office anticipated this response and has repeatedly asked DOJ to reach out to the White House counsel, the lawyer at the White House, for her opinion on this. But to date and to the field office's knowledge, this discussion has not happened. DOJ has been queried whether any charges are being contemplated and who the subjects might be. The Washington Field Office has not gotten the answer as of yet.

Now, granted, folks, this is a lot of bureaucratic talk meant to shroud, meant to obfuscate. But this is smoking gun stuff. The FBI did not think that there was a crime, that there was no reason for a warrant.

Jack Smith belongs in jail. Absolutely. And the whole damn system is rigged against our side. It doesn't matter. The truth is on our side, and that should be good enough. And I think in the end, it will be good enough.