Former Special Counsel Jack Smith Warns Rule of Law 'Under Attack Like Never Before'

On September 16, 2025, former Special Counsel Jack Smith delivered his first public remarks since leaving the Department of Justice in a speech at George Mason University, warning that “the rule of law is under attack like in no other period in our lifetimes.” NPR exclusively obtained a recording of the event from an attendee, as no national media appeared to be present for Smith’s lecture to students, professors, and members of the public.

Smith expressed deep concern about the dismissals of career public servants and the loss of DOJ credibility under the Trump administration. Without mentioning President Trump by name, Smith warned: “Political opponents, critics, perceived enemies are targeted for investigation or arrest to silence them, and the prosecutors instead of investigating cases, they’re left to figure out a basis for charges after the fact.” He described witnessing “conflict between the leadership of the Justice Department and line career prosecutors like never before” because “the leadership is asking those prosecutors to do things that the prosecutors know are wrong.”

Smith’s remarks came at a pivotal moment, just nine days before the indictment of former FBI Director James Comey and amid mounting evidence of DOJ being weaponized against Trump’s political opponents. The speech represented a rare public warning from a former senior DOJ official about the erosion of prosecutorial independence and the transformation of law enforcement into a tool of political retribution. Smith’s careful avoidance of naming Trump while delivering a scathing critique of current DOJ practices underscored the chilling effect the administration has had on free speech, even among former officials no longer bound by government employment restrictions.