Former Special Counsel Jack Smith Appears at Anti-Trump Rally After Congressional Testimony
A former special counsel's public appearance at a politically themed event raises questions about the boundaries between prosecutorial duty and political advocacy, a line that federal ethics...
Former Special Counsel Jack Smith appeared at a "Power to the People Fest" event wearing a "No Kings" T-shirt, according to a report published by The Hill. The appearance followed Smith's recent congressional testimony and placed him publicly alongside figures associated with organized anti-Trump political activity.
Smith served as Special Counsel under the Department of Justice, appointed to lead federal criminal investigations into former President Donald Trump related to the handling of classified documents and efforts to overturn the 2020 presidential election results. Both cases were closed after Trump won the 2024 presidential election. Smith resigned from the special counsel position in January 2025, consistent with Justice Department policy regarding the prosecution of a sitting president.
The "No Kings" slogan has been used as a rallying phrase at a series of protests held across the United States in 2025 and 2026, organized in response to executive actions taken by the Trump administration. The events are part of a broader movement that has drawn participants from Democratic Party-aligned advocacy groups, though organizers have described the gatherings as nonpartisan.
Federal regulations governing the conduct of former Justice Department officials are codified in 28 C.F.R. Part 45 and in the broader Standards of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. Part 2635). Those regulations restrict current employees from participating in partisan political activities during official duties but place more limited restrictions on former officials once they have left government service.
The Hatch Act, enforced by the Office of Special Counsel, applies to federal employees and certain former officials in specific circumstances, but its post-employment restrictions are narrower than its in-service restrictions. It is not known at this time whether Smith's appearance triggers any enforceable post-employment provision. A formal review by the Office of Special Counsel, if requested, would produce a public advisory opinion that would clarify the applicable standard.
Smith's congressional testimony, which preceded the concert appearance, was conducted before a House Judiciary Committee session. The specific date, transcript, and committee record of that testimony are available through the House Judiciary Committee's official published records. The Hill's report did not specify the exact date of the committee appearance.
The conduct of former special counsels after leaving office has been a recurring subject of public and congressional debate. James Comey, the former FBI Director fired by President Trump in 2017, faced similar scrutiny after his departure when he engaged in public commentary and published a memoir critical of the administration that had overseen his firing. The Justice Department's Office of Professional Responsibility has authority to review the conduct of current attorneys but has a more limited role with respect to former employees.
Critics of Smith's appearance argue that it undermines the perception of prosecutorial independence. Defenders of the appearance note that private citizens, including former government attorneys, retain First Amendment rights to attend public events and express political opinions after leaving federal service. Neither position is adjudicated by existing public record in this specific case.
The Justice Department's public affairs office did not issue a statement on the matter as of the date of this report. Smith has not, as of publication, issued a public statement explaining his attendance at the event. His legal representation, if any, is not identified in available public records.
What remains unknown is whether Smith's appearance was coordinated with any political organization registered under the Federal Election Commission or any nonprofit registered under Internal Revenue Code Section 501(c)(4), either of which would create a paper trail in FEC filings or IRS Form 990 disclosures. Those documents, if filed, would be publicly accessible and would provide additional context about the nature of the event and any organizational affiliations involved.