Jack Smith says he’s ‘very concerned’ about midterm elections under Trump

“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 on MS NOW’s Deadline: White House.

This marks Smith’s first broadcast interview since he resigned 10 days before Trump’s second inauguration last year. After the inauguration, the DOJ fired over 35 career prosecutors and other staffers who worked on Smith’s criminal investigations into Trump.

A longtime federal prosecutor, Smith became special counsel in 2022 when former Attorney General Merrick Garland appointed him to the position. He was tasked with investigating Trump, who was running for president again at the time.

Regarding Trump’s “assault” on the midterm elections, Smith said the first line of defense is the state attorneys general.

“I would be ready to litigate everything,” Smith said in advising top state attorneys. “I would brainstorm … every possible permutation, and don’t let reason be a limitation. Imagine everything that could possibly be tried.”

“I also think it’s important for them to be proactive and initiate litigation where it’s appropriate, where it would make sense to you, if you have a sense or reason to believe that something’s going to be done to interfere with people’s right to vote and participate in democracy,” he added.

The Biden-era federal prosecutor appeared to reference Trump’s sweeping election efforts, including an executive order restricting the use of mail-in ballots and the DOJ’s lawsuits seeking access to multiple states’ voter rolls. Additionally, the Republican Party is deploying poll watchers to monitor elections in at least 17 states this year. Democrats view these efforts as election interference.

Smith explained how supporting election workers and election officials is essential to prepare for any undue influence in the elections.

“They’re not tooting their own horn, they’re not self-promoters, they just care about our democracy,” he said. “We need to show them that we have their back.”

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Nearly 18 months since his resignation, Smith said the DOJ could indict him for his role in prosecuting the president, but noted he is not concerned about facing political retribution.

“I honestly do not spend a lot of time thinking about the things he says about me and his threats about me,” he said. “I’m real focused on the people who I worked with, looking out for them. I’m real focused on how the Justice Department is going to be better going forward, things like that.”