Former Special Counsel Jack Smith delivered rare public remarks in London about the state of the U.S. justice system as congressional Republicans demand that he testify about his handling of the Trump investigations and newly uncovered surveillance of GOP lawmakers.
Speaking last week at University College London’s Faculty of Laws with former federal prosecutor Andrew Weissmann, Smith warned that attacks on “nonpartisan public servants” carry an “incalculable” cost for the country and stressed the importance of maintaining the independence of the judiciary. “They need the room and space to make decisions that some people might not like,” he observed, adding that judges and prosecutors “should not be thinking of their jobs as popularity contests.”
Smith, who resigned from the Department of Justice in January before President Trump’s return to office, had previously led two federal prosecutions of Trump—one concerning the handling of classified documents and another regarding efforts to overturn the 2020 election. Both cases were dropped earlier this year following Trump’s inauguration, consistent with long-standing DOJ policy not to prosecute sitting presidents. A separate court ruling from U.S. District Judge Aileen Cannon found that Smith’s appointment as special counsel had been unlawful.
In his interview, Smith recalled his early years at the Manhattan district attorney’s office, saying that bringing or dismissing cases for political reasons would have been “inappropriate.” He noted being unaware of his colleagues’ political affiliations while serving as chief of the Justice Department’s Public Integrity Section, and he also cited bipartisan service under multiple administrations.
The comments come as House Judiciary Committee Chairman Jim Jordan (R-OH) has demanded that Smith appear before Congress by October 28 to address what he described as “politically motivated investigations” into Trump. Jordan’s letter referenced an “alarming document” recently discovered by FBI Director Kash Patel indicating that Smith’s “Arctic Frost” team had subpoenaed major phone companies in 2023 for the communications records of eight Republican senators and one congressman. Patel stated the files were found hidden in a “lockbox” within a secure FBI vault.
Sen. Cynthia Lummis (R-WY), one of the lawmakers whose calls were allegedly tracked, said the revelation was “so dark that it shocks the conscience.” The U.S. Office of Special Counsel opened a separate investigation in August into whether Smith violated the Hatch Act during his tenure as special counsel. Smith’s attorneys at Covington & Burling have denied wrongdoing, calling the allegations “imaginary and unfounded” and asserting that his prosecutorial decisions were based solely on evidence and law.
Smith also referred during his London appearance to recent DOJ decisions under the Trump administration, including the dismissal of corruption charges against New York Mayor Eric Adams, framing it as unprecedented. “Nothing like it has ever happened that I’ve ever heard of,” he emphasized.
The White House responded to inquiries about Smith’s remarks by stating that the Trump administration “will continue to deliver the truth to the American people while restoring integrity and accountability to our justice system.”
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