LEAKING OR PUBLIC HYPE INSTEAD OF IN-COURT, CAREFUL EVIDENCE. WE ARE AIRING THIS FOOTAGE FOR THE FIRST TIME ON "THE BEAT." I WANT TO YOU HEAR ON OUR SPECIAL REPORT, REALLY TAKE THIS IN. LISTEN TO JACK SMITH'S DETAILED EXPLANATION. >> WE DON'T WANT TO LIVE IN A SOCIETY WHERE SOMEONE IS CONVICTED BASED ON WHAT'S IN THE NEWSPAPERS. I CAN TELL YOU VERY OFTEN WE HAVE CASES THAT WE INVESTIGATE WHERE THERE ARE ALLEGATIONS IN THE NEWSPAPERS WHICH, IF THOSE ALLEGATIONS WERE TRUE AND IF THOSE ALLEGATION WERE THE COMPLETE STORY, I COULD SEE WHY THE AVERAGE AMERICAN WOULD THINK THAT IS CORRUPT, BUT WE DON'T WANT TO LIVE IN A SOCIETY OF A FORM OF MOB RULE WHERE WE JUST GET A FEW ALLEGATIONS WITHOUT ANY PROCESS, CONVICT SOMEBODY, BUT I THINK THAT'S THE ROLE OF THE PROSECUTORS TO TAKE ALLEGATIONS LIKE THAT WHEN THEY'RE PUBLIC AND INVESTIGATE WITH SEE IF THE FACTS ACTUALLY BACK UP WHAT'S THERE. IS THE ALLEGATION AND THE SOURCE OF IT CREDIBLE? >> LET THE FACTS LEAD, MAKE SURE IT'S CREDIBLE, AND DON'T DO A LOT OF PUBLIC HYPE THROUGH THE MEDIA OR OTHERWISE IN ADVANCE. NOW, HE WAS SAYING ALL THAT BEFORE TAKING ON THIS SPECIAL COUNSEL ROLE. IT'S INTERESTING TONIGHT TO SEE THAT, WELL, IT SEEMS HE'S BEEN CONSISTENT. THAT'S HOW HE DESCRIBED IT THEN, AND THAT'S HOW HE'S BEEN ACTING AND LIVING THROUGH THIS ROLE. DEFENDANT TRUMP NOT THE FIRST HEAD OF STATE THAT SMITH HAS PUT ON TRIAL, EITHER. THAT'S EXPERIENCE YOU MAY HAVE HEARD ABOUT. THE ATTORNEY GENERAL KNEW ABOUT IT WHEN HE RECRUITED JACK SMITH. HERE'S SOME BACKGROUND ON THAT. >> NOW HIS PAST HAS CAUGHT UP WITH KOSOVO IS INDICTED IN THE HAGUE. >> HE'S BEEN CHARGED WITH WAR CRIMES AND CRIME AGAINST HUMANITY. >> JACK SMITH LED THAT HIGH-STAKES CASE. WE ACTUALLY HAVE SOME OF THIS RARE FOOTAGE OF SMITH MAKING THE CASE IN COURT, LEADING THE PROSECUTION. AND BEFORE I SHOW IT TO YOU AS PART OF THIS REPORT, LET ME REMIND YOU, THIS IS NOT SOMETHING WE'VE SEEN IN ANY OF THE TRUMP HEARINGS SO FAR, SMITH OVERSEEING OTHER EXPERIENCED PROSECUTORS TO DO THIS. HOW DID HE GET TO OVERSEE THEM? HOW DID HE GET TO THIS POST? HERE WE'RE GOING TO SEE HOW HE DOES IT, JACK SMITH STRIKING A CONSISTENT AND CALM POSTURE, SOBER IN THE COURTROOM PROSECUTING ALLEGED WAR CRIMES. >> THE TRUTH WILL BE LAID BEFORE THIS COURT IN THE COMING WEEKS. MY OFFICE WILL BE UNRELENTING AND UNSTOPPING. FAIR ADMINISTRATION OF JUSTICE REQUIRES BUILDING AND FOSTERING INSTITUTIONS THAT CAN PROTECT THOSE WHO SEEK JUSTICE. >> MR. MUSTAFA USED THEIR POWER TO VICTIMIZE AND TO BRUTALIZE FELLOW KOSOVO AL BANIANS. NO JUSTIFICATION FOR THE CONDITIONS UNDER WHICH THEY WERE HELD OR THE MANNER IN WHICH THEY WERE BRUTALIZED AND TORTURED DURING THEIR DETAINMENT. WATCH THE TRIALS AND FOLLOW. WATCH OW THIS COURT FUNCTIONS AND THEN JUDGE. THERE CAN NEVER BE AN EXPIRATION DATE ON ACCOUNTABILITY. YOU WILL HEAR FROM VICTIMS WHO HAVE WAITED TWO DECADES -- TWO DECADES TO BE HEARD. THE CHARGES HERE DO NOT DIRECTLY CONCERN THE EVENTS OF THE WAR IN KOSOVO OCCURRING OVER 20 YEARS AGO. THEY INCLUDE ATTEMPTS TO INTIMIDATE PEOPLE AND TO NOT TELLING THIS COURT WHAT HAPPENED TO THEM 20 YEARS AGO AND ATTEMPTS TO ON STRUCK THE WOK OF THIS INSTITUTION AT ANY COST. >> THAT'S PRETTY STRIKING. FACING THOSE DOCUMENTED HORRORS, THAT HORROR THAT PEOPLE WERE PUT THROUGH TO LIVE THROUGH, AND WHAT THAT QUEST FOR U.S. J IS MIGHT LOOK LIKE, YOU SEE JACK SMITH'S APPROACH. HE COULD HAVE BEEN MORE DRAMATIC. THERE WAS OBVIOUSLY PATHOS, DRAMA AND SADNESS IN WHAT HAPPENED. HE COULD HAVE BEEN LOUDER. BUT HE TOOK THAT MEASURED PATH. THAT WAS HIS APPROACH. HE ALSO ARGUED IN THAT SAME TRIAL THAT THE AUTHORITARIAN TRIED TO USE LIES AND EXPLOIT PROPAGANDA AND THE MEDIA AS PART OF HIS CRIMINAL PLOTS. NOW, THAT MIGHT SOUND FAMILIAR HERE ON THE HOME FRONT. IT'S A POINT THAT ECHOS IN JACK SMITH'S INDICTMENT OF TRUMP. WHILE THE U.S. CONSTITUTION DOES VALUE A FREE PRESS, WHICH MAKES UP ITS OWN MINDS WITH ITS FREEDOM, IN THAT VERY CASE, AS PROSECUTOR SMITH WAS CAREFUL TO NOTE SOMETHING QUITE IMPORTANT, AT LEAST IN THE VIEW OF THE LAW, THAT WHILE THE JOURNALISTS WOULD MAKE UP THEIR OWN MINDS, MANY JOURNALISTS THERE REJECTED FRAUDULENT AND PROPAGANDA DOCUMENTS FROM THE ACCUSED. TAKE A LISTEN. HERE'S SMITH IN THIS RARE COURT FOOTAGE. >> THE ACCUSED IN, CHITTING THEIR CRIMES, TRIED TO AMPLIFY THE DAMAGE THEY CAUSED BY EXHORTING THE MEDIA IN KOSOVO TO PUBLIC. ETHICAL JOURNALISTS REFUSED TO PUBLISH THE DOCUMENTS THE ACCUSED TRIED TO PROVIDE THEM. >> JACK SMITH COULDN'T HAVE KNOWN, NO ONE COULD HAVE NECESSARILY KNOWN HOW BIG A DEAL FRAUDULENT DOCUMENTS FURNISHED IN INTERIMMEDIATE AREAS AND HACKS, AND ULTIMATELY AMERICA PUSHED ALL THE WAY UP TRYING TO GET IT INTO VICE PRESIDENT PENCE'S HANDS. HE COULDN'T HAVE KNOWN THE PARALLELS HERE, BUT THERE THEY ARE. AT THE JUSTICE DEPARTMENT JARK SMITH'S LAST BIG JOB WAS LEADING THE UNIT THAT PROSECUTES CORRUPT POLITICIANS. IT'S A POST HE PREPARED FOR WITH PRIOR PROSECUTIONS OF ABUSE IN GOVERNMENT, REGARDLESS OF WHETHER THEY WERE CONTROVERSIAL OR UNPOPULAR IN THE PUBLIC REALM, LIKE A VICTORIOUS PROSECUTION AND TRIAL OF A WHITE POLICE OFFICER, GARNERING A 30-YEAR PRISON SENTENCE THAT WAS AT THE TIME UNHEARD OF. BUT SMITH WENT RIGHT AT IT, JUST LIKE HE'S TAKEN ON TOP FIGURES IN BOTH PARTIES. CONSIDER SOMEONE WHO WAS ONCE THE DEMOCRATIC PARTY'S RISING STAR. THE RAPID FALL OF NOMINEE JOHN EDWARDS. JACK SMITH LED THAT PROSECUTION IN 2011. >> JOHN AND I ARE HONEST AND REALISTIC WITH THE AMERICAN PEOPLE. >> THE STORY SENDING SHOCK WAVES THROUGH THE PRESIDENTIAL CAMPAIGN. AFTER MONTHS OF DENIALS, JOHN EDWARDS ADMITTED HE HAD AN AFFAIR WHILE HIS WIFE BATTLING CANCER. >> THE FALL FROM GRACE FOR JOHN EDWARDS JUST AS STUNNING AND TONIGHT A NEW LOW AFTER A GRAND JURY CHARGED HIM WITH SIX FELONIES. >> A NEW LOW TAKES YOU BACK TO GRAND JURY PROCEEDING THERE IS THAT WERE MOVING A PACE AGAINST AT THE TIME SOMEONE OF THE OTHER PARTY, DEMOCRATIC, AND NOW WHERE WE FOLLOWED A LOT OF THOSE AGAINST REPUBLICAN DONALD TRUMP. SMITH OVERSAW THE CASE, AND LATER IN THE CONTEXT OF THESE TYPES OF CASES IN GENERAL -- NOT JUST EDWARDS, BUT THE TRICKY BALANCE ISSUES AND LINES. HE EXPLAINED A FAIR PROSECUTION FOR CORRUPTION DOES REQUIRE INTENT. WE HEARD A LOT ABOUT INTENT IN HIS CURRENT COUP CASE. AND PROVING THAT CAN BE HARD. HE RECOUNTED HOW GOVERNMENT OFFICIALS CAN BE IN DENIAL. >> A PERSON'S INTENT. DID THEY DO THIS FOR THAT? DID THEY ACT CORRUPTLY? OFTENTIMES WHEN I GO TO SPEAK TO FOLKS ABOUT THEIR CORRUPTION PROGRAMS AND WHAT SORT OF CASES THEY'RE DOING, OFTEN TIMES I GO PLACE AND I HEAR, WE DON'T HAVE A CORRUPTION PROBLEM HERE, JACK. MY IMMEDIATE REACTION IS, YOU DEFINITELY HAVE A CORRUPTION PROBLEM. >> SOME LEGAL GUFFAWS. EVERY PLACE THERE'S POWER AND MONEY AND ANY KIND OF TEMPTATION WILL HAVE AT LEAST THE POSSIBILITY OF THOSE PROBLEMS OR CORRUPTION. SO IF YOU DON'T THINK YOU'RE SUSCEPTIBLE TO IT OR ANYONE IN YOUR DEPARTMENT IS, THEN YOU'RE PROBABLY MORE SUSCEPTIBLE THAN USUAL. IN THE EDWARDS CASE, THAT THEORY WAS USING LEGAL CAMPAIGN DONATIONS TO CONCEAL A MISTRESS FROM VOTERS. THAT FELL APART AT TRIAL. EDWARDS FOUND NOT GUILTY ON ONE CHARGE. JUSTICE DEPARTMENT DID NOT APPEAL THAT CASE. ONE, JACK SMITH WAS NONPARTISAN. TWO, HE WAS CLEARLY AGGRESSIVE. SO AGGRESSIVE HE DIDN'T ACTUALLY WIN OVER THE JURY ON THAT CASE. AND THREE -- AND THIS IS SO IMPORTANT RIGHT NOW, ESPECIALLY AS TRUMP ALLIES AND OTHERS WANT TO MAKE UP STOIES OR TELL YOU NARRATIVES OR OUTRIGHT LIES ABOUT DOJ OR FBI OR JACK SMITH WITHOUT LOOKING AT THE RECORD. OUR POINT HERE IN THIS SPECIAL REPORT IS LOOKING AT THE RECORD, INCLUDING A LOSS, THE EDWARDS LOSS. THE THIRD PIECE IS THAT SMITH DEMONSTRATED A RESCUE FOR LEGAL LIMITS, THE KIND OF MEASURED PROFESSIONAL HUMILITY. AND AGAIN, WE'VE GONE THROUGH ALL OF THIS AND PICKED OUT THE KEYS FOR YOU. THIS IS SOMETHING HE HAS SPOKEN ABOUT IN A SOMETIMES BAFFLING LEGAL LINES THAT ARE DRAWN FOR PURSUING POLITICIANS. >> FOLK WHO IS COMMIT THESE CRIMES ARE SOPHISTICATED INDIVIDUALS, AND BY THE LARGE, THEY GIVE THE MONEY AND RECEIVE THE MONEY, BENEFITS IN ALL SORT OF COMPLICATED FORMS THAT MAKE IT NOT NEARLY AS STARK, NOT EASY TO REPORT IN FIVE LINES IN A NEWSPAPER ARTICLE. BECAUSE OF THAT, BECAUSE OF HOW THE CRIMES ARE COMMITTED, BECAUSE THEY'RE OFTEN COMMITTED BY SOPHISTICATED PEOPLE WITH GREAT MEANS, WE DO NEED LAWS THAT ARE BROAD ENOUGH TO REACH CONDUCT --. I MEAN, RIGHT NOW UNDER THE HONOR SERVICES STATUTE AS IT EXISTS, WE CANNOT CHARGE UNDISCLOSED CONFLICTS OF INTEREST. JUST IMAGINE, JUST TO FOLLOW UP ON THAT SCENARIO. YOU HAVE A MAYOR, AND HE TAKES BRIBES FOR CITY CONTRACTS. HE TAKES BRIBES, PUTS MONEY IN HIS POCKET FOR SOMEONE THAT SHOULDN'T HAVE GOTTEN A CONTRACT. THE AMERICAN PEOPLE ARE NOT GETTING WHAT THEY PAID FOR. THAT'S BRIBERY. I CAN PROSECUTE THAT MAYOR. THAT SAME MAYOR SAYS YOU KNOW WHAT? I DON'T WANT THE BRIBES. I WANT MORE MONEY. I'M GOING TO START MY OWN COMPANY AND HIDE MY INTEREST IN IT. I'M GOING FUNNEL THE CONTRACTS TO ME. I CAN'T PROSECUTE THAT CASE. AND I THINK THE AVERAGE AMERICAN IN TERMS OF WHAT'S WRONG, IF YOU BELIEVE THOSE FACTS, IF THOSE FACTS IN AN OBJECTIVE INVESTIGATION ARE BROUGHT TO LIGHT, I THINK THE AVERAGE AMERICAN WANTS TO DEPARTMENT OF JUSTICE -- >> REALLY IMPORTANT POINT THERE THAT HE MAKES. I PLAYED IT IN FULL SO YOU COULD REALLY ABSORB IT. HE SAYS I CAN'T PROSECUTE THAT CASE HE ALSO MAKES IT CLEAR THAT HE THINKS IT WOULD BE GOOD POLICY TO BE ABLE TO PROSECUTE THAT CASE AND GO SO FAR AS TO SAY HE THINKS MOST PERSONS AGREE. IF THE POLITICIANS ARE SELF-DEALING THAT'S WHAT THE CORRUPTION LAWS OUGHT TO BE FOR. SOUNDS RATIONAL. NOTICE WHERE HE DRAWS THE LINE. HE CAN NOT GO BEYOND THAT. HE DOESN'T SAY, SO WE LOOK FOR A LOOPHOLE OR TRICK OR THROW A DIFFERENT CHARGE AT HEM THEMMER THE ENDS JUSTIFY THE MEANS OR SOMETHING YOU DON'T WANT ANYONE IN POWER TO INDICT, SO PROSECUTE, TO JAIL TO SEEK ANY LEVEL OF PUNISHMENT. YOU DON'T WANT THOSE PEOPLE PLAYING FAST AND LOOSE. IT IS STRIKING. I WANTED YOU TO HEAR JACK SMITH DID THE OPPOSITE. HE SAID YOU MIGHT WANT THE GO FARTHER. MIGHT SOUND LIKE CORRUPTIONING BUT I CAN'T GO BEYOND WHAT THE STATUTE SAYS, FULL STOP. THAT'S HOW HE PROSECUTES THE
