The Constitution is more than just parchment; it sets clear guidelines to limit the power of government so that citizens will be treated equally under law, regardless of their political or religious beliefs. 

When the government violates the Constitution, every citizen who values life and liberty should be very alarmed, not just conservatives.

That is why Jack Smith and his special counsel investigations deserve sober, rigorous scrutiny.

According to publicly reported court filings, House and Senate documents and hearings, and media accounts, Smith and his prosecutors sought sweeping access to private communications and financial records of Americans who did not commit and were never charged with crimes, including Republican elected officials. Smith may try to defend his actions as legal, but even if they were, legality alone does not confer legitimacy.

For example, Smith issued subpoenas to telecommunications providers (e.g., AT&T and Verizon) for phone and toll records of Republican senators and congressmen and, to prevent anyone from finding out, falsely asserted to the court that they were flight risks in order to gag the providers.

Smith did the same to many other innocent Americans and even sought their communications with media companies and senior White House advisers in the first administration of President Donald Trump. Smith also sought fundraising and financial data for hundreds of conservatives and conservative groups simply because of their political leanings; they had done nothing wrong.

Smith massively overreached and at minimum deserves a full public airing. Americans must never silently accept that government prosecutors can secretly collect, without notice or opportunity to challenge, their metadata, call logs, communications, financial data, and other private information. When government secretly amasses information and power, liberty and accountability retreat.

Smith’s actions happened under the U.S. Department of Justice’s authority during the President Joe Biden’s administration, which already had undermined public trust in government and institutional neutrality, thus undermining the rule of law. Moreover, Smith’s actions give at least the appearance that Biden’s DOJ exercised prosecutorial discretion against its political opponents in a biased manner.

The same dynamic is evident in another troubling Biden administration trend: political debanking. That is, lawful organizations and individuals reported losing access to basic financial services not because of fraud or misconduct, but because of their political identity.

For example, on May 30, 2024 the U.S. Supreme Court unanimously ruled in favor of the National Rifle Association, stating that the New York State Department of Financial Services unconstitutionally advised and even pressured banks and insurance companies to deny services to them.

Others have echoed these concerns.

For example, Trump and his family members have spoken about suddenly losing long-time banking and financial relationships.

Financial institutions named in public reporting and congressional inquiries include, among others, JPMorgan Chase, Bank of America, Citibank, and platforms such as PayPal.

In December 2025 the Office of the Comptroller of the Currency issued a report that found from 2020 to 2023, several major banks debanked individuals and entire industries, such as oil, gas, coal, firearms, and tobacco, with no explanation or transparency, based on their political disfavor with the Biden administration and its allied state regulators.

Taken together, these developments suggest a dangerous pattern: surveillance without notice and predicated on lies, punishment without due process, and selective rather than fair and evenhanded enforcement.

Accountability matters because the Constitution forbids punishing persons based on their political or religious beliefs. The DOJ must conduct a thorough, principled review of how Jack Smith (mis)used his government powers. If he or other officials exceeded their authority and/or allowed politics to guide them, they must be held accountable—not to satisfy partisanship, but to restore constitutional balance and public trust in the rule of law.

Accountability is not payback. It is fidelity—to the law, to equal justice, to the enduring promise of American liberty, and to the Constitution. Without it, the rule of law becomes a slogan rather than a safeguard.

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