Special Prosecutor Jack Smith speaks to the press following his grand jury’s issuance of additional indictments against Donald Trump in Washington, D.C., August 1, 2023.
Bill O’Leary/The Washington Post via Getty Images
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Bill O’Leary/The Washington Post via Getty Images
Jack Smith, the former special counsel responsible for prosecuting two criminal cases against President Trump, has issued a stark warning about the escalating threats facing the American justice system.
In his first public address since departing the Department of Justice, Smith expressed deep frustration and sorrow over the recent dismissals of seasoned public officials and the erosion of the DOJ’s reputation throughout the year.
“My entire professional life has been dedicated to upholding the rule of law, and I believe it is currently under assault in a way unseen in our generation,” Smith declared during a lecture at George Mason University last week, speaking to an audience of academics, students, and community members.
Although no major news outlets covered the event live, NPR later obtained an exclusive recording of Smith’s September 16 presentation from an attendee.
Throughout his career, Smith has been a steadfast public servant, tackling cases involving government corruption, war crimes, and ultimately, the former and current president of the United States. His role in prosecuting the president brought with it significant personal risk, including constant security protection and public hostility from Trump, who has threatened imprisonment or deportation against him. (Following Trump’s 2024 election victory, the DOJ discontinued Smith’s criminal cases as a matter of policy.)
At the outset of his remarks, Smith emphasized that he would avoid political commentary and refrained from naming Trump directly. Instead, he focused on a broader appeal to safeguard the rule of law, highlighting recent incidents that illustrate its deterioration.
Smith pointed to troubling developments this year, such as the mass resignation of veteran prosecutors in Manhattan after DOJ leadership sought to abandon a corruption investigation involving New York City’s mayor. Additionally, the White House has issued executive orders targeting prominent law firms based on their clientele or attorneys who have clashed with Trump.
Shortly after Smith’s speech, a significant escalation occurred near George Mason University in the Eastern District of Virginia. Trump publicly demanded swift prosecutions of former FBI Director Jim Comey, New York Attorney General Letitia James, and Senator Adam Schiff. In response, the U.S. attorney for that district-who had expressed skepticism about cases against Comey and James-was replaced by a Trump loyalist lacking prosecutorial experience.
“Opponents, critics, and perceived adversaries are being singled out for investigations or arrests as a means to silence dissent,” Smith explained. “Prosecutors are often left scrambling to justify charges after the fact, rather than conducting impartial investigations.”
Conversely, individuals close to the president appear immune from scrutiny, even when evidence and legal standards might warrant investigation or prosecution.
“In places where the rule of law is weakening, allies of the president are exempt from the legal obligations that apply to everyone else,” Smith said. “Special exceptions are made, and no one within the administration or its supporters faces accountability, regardless of their actions.”
White House Press Secretary Karoline Leavitt strongly denied allegations that Trump is politicizing the Justice Department.
“The President is committed to restoring a Department of Justice that enforces accountability fairly and is not weaponizing its authority,” Leavitt stated.
For Smith and many DOJ veterans, longstanding traditions and norms have been discarded alongside the principle that the law must apply equally to all. Central to the justice system is the conviction that “the law must be uniform for everyone and, crucially, enforced uniformly,” he emphasized.
Smith criticized current DOJ leaders, many of whom previously defended Trump in cases Smith prosecuted, for abandoning impartial enforcement when it conflicts with presidential interests.
“These officials were appointed to achieve specific outcomes, regardless of the damage to the institution’s credibility, legality, or fairness,” Smith asserted.
This year, grand juries in Washington, D.C., and Los Angeles have resisted pressure to issue indictments amid a surge in federal immigration enforcement. Judges have also rejected search warrants and publicly questioned prosecutors’ credibility, a troubling trend Smith described as painful to witness.
Saving his most pointed remarks for career public servants, Smith lauded their dedication and professionalism. Numerous DOJ attorneys have resigned or been dismissed amid contentious episodes nationwide.
“We are witnessing unprecedented conflict between DOJ leadership and frontline prosecutors,” Smith concluded. “This is because leadership is demanding actions that prosecutors know to be improper.”
