Former special counsel Jack Smith has expressed serious concerns regarding the rule of law under the Trump administration, suggesting a possible indictment against him by the Department of Justice (DoJ).
In his first interview since resigning from the DOJ in early 2025, Smith voiced his anxieties about the forthcoming election and the existing state of the justice system to MSNBC’s Nicolle Wallace on Thursday.
“I think we are facing an attack on the rule of law that is different in kind and scope to anything I’ve seen in my lifetime,” Smith said.
Smith expressed his discontent at witnessing public servants being vilified for carrying out their duties, especially those working on cases seen as antagonistic to Trump and his allies. He emphasized the need to support these individuals and reassure them of the backing they have from numerous people.
The ex-counsel added that he is “very concerned” about the integrity of the next election, adding that state attorneys general play a critical role in ensuring the rule of law is upheld ahead of the midterm elections.
Trump Cases Were Guided By Law, Says Smith
Smith, who has previously prosecuted President Donald Trump in two distinct criminal cases before Trump’s re-entry to the White House, hinted that an indictment against him “could happen” due to the President’s hostility towards him. However, he added that he isn’t “going to be intimidated.”
Defending Trump’s prosecution, Jack Smith said he handled the cases based solely on the facts and the law, stressing that prosecutorial standards should remain consistent across administrations. He added that politics played no role in the investigation and that he would have pursued the cases regardless of the subject’s political affiliation.
Smith Questions DOJ Retributions
Smith called the DOJ’s indictments of former FBI Director James Comey and New York Attorney General Letitia James as “retribution prosecutions.”
In May, Comey was conditionally excused from a court appearance on charges of threatening Trump, after Comey said he had already appeared before a judge in Virginia on the same allegations.
Meanwhile, in June, Letitia James sued the Trump administration over a controversial deal with TotalEnergies (NYSE:TTE), alleging it was detrimental to the environment and union jobs. Smith’s concerns add to the growing chorus of voices expressing unease about the administration’s approach to justice and the rule of law.
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