Former special counsel Jack Smith has said that President Donald Trump’s decision to pardon those convicted in the January 6, 2021, attack on the U.S. Capitol could have long-lasting effects on the upcoming midterm elections.
Speaking to MS Now on Thursday, July 2, Smith said he is “very concerned” about the integrity of the November midterms, arguing that the pardons send a dangerous message to those involved in the Capitol riot and to law enforcement officers responsible for protecting future elections.
Why Jack Smith Says the Pardons Send a Dangerous Message
Smith, who led the federal investigations into Trump over the 2020 election and classified documents cases, said the pardons reward people who committed crimes on Trump’s behalf.
“There’s the obvious cost of recidivism. These are people who committed their crimes in the name and in the interest of Donald Trump, and he’s returned the favor by pardoning them,” Smith said.
According to Smith, the impact goes beyond those who received clemency.
“That sends one message to them; a message I’m equally concerned about is the message that it sends to law enforcement,” he said.
Smith described that message as damaging to the justice system.
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“That is just plain wrong,” he added.
The former special counsel said his concern extends to future elections because he believes some of those involved in the Capitol attack may apply lessons from 2021 to future efforts.
“The people who perpetrated Jan. 6 have probably learned from how they did that,” Smith said.
Smith’s comments come after Trump granted sweeping pardons to many people convicted in connection with the Capitol riot after returning to office. The decision has been among the administration’s most controversial criminal justice moves.
Former Special Counsel Criticizes Changes at the Justice Department
During the interview, Smith also delivered sweeping criticism of the Justice Department under the current administration.
He argued that the department has undergone changes that make it harder for judges and prosecutors to carry out their responsibilities independently.
“The United States is 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.
He also questioned whether courts can continue to rely on the Justice Department in the same way they have in the past.
“That’s happening every day. And so regardless of what you think politically, they’re just not effective at doing their job anymore,” Smith said.
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Smith claimed experienced personnel have left the department, raising concerns about national security and institutional expertise.
“They’ve jettisoned expertise. We have a situation where we’ve got rid of people who know how to protect our national security. And we think that that’s somehow not going to have an effect on our national security,” he said.
The former special counsel also said career prosecutors have been pressured for refusing to pursue cases they believed lacked legal merit.
“We’ve seen so many times in these retribution cases where prosecutors wouldn’t be a part of it,” Smith said.
In 2023, Smith charged Trump with participating in what prosecutors described as a criminal scheme to remain in power after losing the election.
He also brought charges alleging Trump unlawfully retained classified records after his presidency.
Trump Denied Wrongdoing in Both Federal Cases
Trump denied wrongdoing in both cases and pleaded not guilty.
Neither prosecution ultimately reached trial. Following Trump’s election victory, the Justice Department dismissed the federal cases under its long-standing policy that sitting presidents cannot be criminally prosecuted.
The classified documents case had already been dismissed by a federal judge, who ruled that Smith’s appointment as special counsel was unconstitutional.
Smith Defends the Trump Investigations
Reflecting on those investigations, Smith defended the way his office handled both cases.
“We did this case the way I’ve done cases throughout my career, same investigative techniques, same use of the tools that a federal prosecutor has,” he said.
He added that his team did not begin the investigations with a predetermined outcome.
“There was no predetermined outcome,” Smith said.
He contrasted that approach with what he described as political decision-making inside the Justice Department today.
“That just contrasts to what we’re seeing today, where there is a predetermined outcome, process doesn’t matter, and we just have to find a way to get to that outcome,” Smith said.
Smith also criticized what he described as politically motivated actions against individuals viewed as opponents of the president.
