Former special counsel Jack Smith stated on July 3, 2026, that he is concerned about the upcoming midterm elections under President Donald Trump. Smith previously prosecuted Trump in two cases related to classified documents and efforts to overturn the 2020 election, both of which were dismissed after Trump's election victory.
Smith expressed alarm regarding the Department of Justice's indictments of political opponents of Trump, referring to them as "retribution prosecutions" and indicating that this could impact the November elections. In an interview on MS NOW’s Deadline: White House, Smith remarked, "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."
This interview marked Smith’s first public appearance since resigning shortly before Trump’s second inauguration. Following the inauguration, the DOJ dismissed over 35 prosecutors and staff involved in Smith’s investigations.
Smith, appointed special counsel in 2022 by former Attorney General Merrick Garland, was tasked with investigating Trump during his campaign for re-election. He advised state attorneys general to be proactive in litigation to protect voting rights and to prepare for potential interference in the elections. Smith highlighted the importance of supporting election workers and officials, stating, "We need to show them that we have their back."
He also noted that he is not concerned about facing political retribution for his role in prosecuting Trump, focusing instead on the future of the Justice Department and the people he worked with.