Failure to Punish Jack Smith's Weaponization of Government Will Harm All Americans
Source: Ben Weingarten. "If Jack Smith's Goons Don't Pay For Their Crimes, Americans Will." October 7, 2026. thefederalist.com
The Gist
The author argues that federal investigators under Jack Smith secretly spied on conservatives, journalists, and Trump officials in a politically motivated campaign, and because nobody is being punished for this, everyone will eventually suffer—not just Republicans. He says that if whistleblowers and journalists are too scared to expose wrongdoing because they fear being spied on, those in power will get away with more abuses and become less accountable to everyone.
Conclusion
If officials responsible for Jack Smith's politically weaponized investigation (targeting Trump officials, journalists, and donors) are not held accountable, all Americans—not just conservatives—will suffer the consequences through a consolidated, unaccountable ruling class and a chilled free press.
Premises
- Smith's team engaged in an extensive surveillance campaign, including obtaining communications of over 40 members of Congress, 197 subpoenas covering 430 Republican individuals/organizations, nearly 5,000 donor records, 87 White House phones, and communications of nearly 50 journalists at over a dozen outlets.
- This surveillance likely violated constitutional protections, including the Speech and Debate Clause, yet proceeded anyway.
- Legacy media outlets have remained silent about this overreach despite their own colleagues being surveilled, revealing selective and hypocritical application of press freedom principles.
- No clear mechanism exists for victims to obtain legal recourse or for perpetrators to face accountability, as evidenced by Congress killing the victim compensation fund.
- Without accountability, journalists, whistleblowers, and sources will self-censor or dry up out of fear of government surveillance and retaliation, reducing the flow of information that holds power accountable.
- This chilling effect will allow the 'ruling class' to consolidate power and become less responsive to the public, which harms the republic as a whole, not just the immediate political targets.
Assumptions
- The characterization of Smith's investigation as purely politically motivated 'lawfare' rather than legitimate law enforcement is accurate.
- The surveillance of journalists and others was conducted with partisan intent rather than for legitimate investigative purposes related to January 6th.
- A free press and robust whistleblower activity are essential safeguards against government overreach, and their erosion directly causes harm to all citizens.
- The lack of prosecution or civil remedies specifically reflects elite indifference or approval of weaponization, rather than legal, evidentiary, or procedural constraints.
- Government surveillance powers, once normalized against one political group, will inevitably be used against the broader population or escalate in scope.
- The 'ruling class' is a cohesive entity with shared interests in suppressing dissent, rather than a more fragmented or contested set of institutions.