Jack Smith on Rule of Law

Jack Smith, a career prosecutor with nearly three decades of experience, views the rule of law as foundational to democracy but dangerously fragile, a lesson he learned prosecuting war crimes abroad and corruption domestically. He asserts that the rule of law is not self-executing and depends entirely on the collective commitment of dedicated public servants who must follow the facts and the law without fear or political favor. Smith cites concerns over the erosion of decades-old Justice Department customs and practices, including the vilification of public servants for adhering to ideals and an improper focus on desired outcomes rather than due process.

His position emphasizes that upholding this principle requires personal willingness to pay costs when service is difficult, as demonstrated by his career dedication across various administrations. He has made clear that no individual, including a former President, should be above the law, and that accountability must be applied equally regardless of political affiliation. Smith stressed that abandoning this commitment, such as by halting investigations due to political pressure, effectively shuts the door to the rule of law itself.