Justin Smith

Justin Smith went from Donald Trump’s personal lawyer to a lifetime federal judge while actively helping Trump avoid legal accountability. 

Smith represented Trump in high-stakes litigation before the Supreme Court, helping secure sweeping immunity for official presidential acts and later defending Trump in the E. Jean Carroll cases, where juries found Trump liable for sexual abuse and defamation. Trump publicly praised Smith’s “BIG role” in the immunity victory when announcing his nomination. 

The Senate confirmed Smith to the U.S. Court of Appeals for the Eighth Circuit on June 15, 2026. AFJ Action opposed the nomination, warning that rewarding Trump’s own lawyer with a lifetime judgeship undermines judicial independence. 

Smith’s record makes him an especially alarming potential Supreme Court contender: 

• Represented Trump Against E. Jean Carroll Until Days Before Confirmation
  Smith’s work for Trump continued while the Senate considered his judgeship. On June 2, 2026 — less than two weeks before confirmation — Smith wrote to the Supreme Court as Trump’s counsel in the E. Jean Carroll cases, saying Trump intended to pursue another appeal and urging the justices to consider the cases together. 

• Tried to Undo Verdicts Holding Trump Accountable
  Smith sought to overturn the Carroll verdicts, attacked Carroll’s credibility, and advanced arguments aimed at erasing jury-imposed consequences. One argument claiming Carroll fabricated her allegations based on an episode of Law & Order: SVU misrepresented the episode to bolster Trump’s defense. 

• His Elevation to the Bench Disrupted Trump’s Carroll Defense
  After Smith joined the Eighth Circuit, Trump’s new lawyers sought more time in connection with the nearly $5.8 million judgment, citing the transition from Smith to new lead counsel. On June 29, 2026, the Supreme Court rejected Trump’s appeal, leaving the Carroll verdict intact. 

• Helped Create Immunity Trump Is Still Trying to Use
  Smith played a central role in Trump v. United States, the case expanding presidential immunity from criminal prosecution for official acts. Trump highlighted that work when nominating Smith, who later sought to apply immunity principles to Trump’s effort to avoid civil liability in the Carroll litigation. 

• Would Not Promise to Keep His Former Client Out of His Courtroom
  During confirmation, Smith refused to categorically commit to recusing himself from Trump-related cases. It’s hard to see how a lawyer who had spent years defending Trump could be trusted to provide the independence and impartiality required of a lifetime federal judge. 

Smith’s broader record — including attacks on reproductive freedom, LGBTQ+ equality, voting rights, workers, and environmental protections — compounds the danger. But what makes him especially alarming as a potential Supreme Court nominee is more basic: he has already used the law to protect the president who gave him his judgeship.