Full Breakdown
Jack Smith Warns of Unprecedented Attack on Rule of Law as DOJ Mishandles Sealed Report
7/3/2026, 2:58:38 PM
Attack on the Rule of Law and Accidental Release
Former special counsel Jack Smith told MS NOW’s “Deadline: White House” that the United States is “facing an attack on the rule of law.” He also noted that a sealed Volume II report on Trump’s classified-documents case was mistakenly sent to defense counsel.
Background, Indictments and Key Figures
Smith was appointed special counsel in 2022 by Attorney General Garland and secured indictments against President Donald Trump—one for election-interference, another for mishandling classified documents. Both were dismissed after Trump’s 2025 reelection under a DOJ policy barring prosecution of a sitting president. Figures: Acting Attorney General Todd Blanche, FBI Director James Comey, New York Attorney General Letitia James, and Judge Aileen Cannon, who sealed Volume II.
Timeline of Key Events
Jan 20 2025 – Trump inaugurated; DOJ dismissed four prosecutors a week later (source 1). Jul 2 2026 – Smith’s televised interview. Jun 3 2026 – DOJ sent flash drives with Volume II to Lineberger’s defense team. Jun 9 2026 – Defense counsel discovered the sealed report, ceased review, deleted files. Jun 10 2026 – DOJ filed a joint notice acknowledging the error.
Data, Statistics and Conflicting Reports
Sources differ on DOJ staff cuts: one report cites four prosecutors fired (source 1), another cites over thirty-five prosecutors and staff (source 9). The sealed Volume II report remains unavailable to the public, limiting insight into the classified-documents evidence.
Impact and Stakes
Smith warns that “retribution prosecutions” of James Comey and Letitia James send a serious message to law-enforcement and erode public trust. He says the same dynamics could shape the November midterms, affecting state-level voting-rights litigation. The mishandling of Volume II raises concerns about DOJ oversight and impartiality under Acting Attorney General Todd Blanche.
Official Statements and Criticism
The DOJ’s filing called the Volume II disclosure “unintended” and noted defense counsel “voluntarily ceased review” and deleted the material. Smith said his investigations followed “the same standards” as any federal case and warned the department’s actions “prevent it from doing the basic things needed to represent the American people in court.” He condemned the DOJ for “jettisoning expertise” and calling the Comey and James cases “retribution prosecutions.” Senate Democrats flagged a conflict-of-interest in Blanche’s oversight.
Verbatim Quotes
- “We are facing an attack on the rule of law,” — Jack Smith, Former Special Counsel
- “Regardless of what you think politically, they’re just not effective at doing their job anymore,” — Jack Smith, Former Special Counsel
- “I have investigated cases focusing on the facts and law throughout my career. We did this case the same way, under the same standards,” — Jack Smith, Former Special Counsel
- “The only reasonable explanation is the president has it out for these people,” — Jack Smith, Former Special Counsel
What’s Next
Smith urged state attorneys general to prepare litigation to protect voting rights before the November midterms. Congressional committees plan to investigate the DOJ’s handling of Volume II and the broader “retribution” pattern. Oversight hearings are expected later in 2026.
