Former Special Counsel Jack Smith Testifies Before House Judiciary Committee on Trump Investigations
Former Special Counsel Jack Smith testified before the House Judiciary Committee on two separate occasions concerning his criminal investigations into former President Donald Trump. His initial testimony on December 17, 2023, occurred in a closed-door session, with a public hearing following on January 22, 2024. Smith addressed allegations of a criminal scheme to overturn the 2020 election results and the alleged mishandling of classified documents, defending his prosecutorial decisions and denying claims of political motivation. Both federal cases against Trump were subsequently closed following his re-election and related judicial rulings.
Introduction to the Proceedings
Former Special Counsel Jack Smith appeared before the House Judiciary Committee on Capitol Hill. His initial testimony on December 17, 2023, was conducted in a closed-door session, following a subpoena from the Republican-led committee. Smith's attorney, Peter Koski, stated that Smith had offered to testify in an open hearing, an offer initially rejected, leading to expressions of disappointment that the public would not hear directly from him. Transcripts and video of the December 17 testimony were later released by the committee. Smith subsequently provided public testimony to the committee on January 22, 2024.
Overview of Investigations
Smith's tenure as Special Counsel involved two criminal investigations into former President Donald Trump:
- 2020 Election Interference: This investigation focused on alleged actions related to a criminal scheme to overturn the 2020 election results, culminating in the events of January 6, 2021, at the U.S. Capitol. A grand jury indicted Trump in August 2023 on four charges, including conspiracy to defraud the country and obstruction of an official proceeding.
- Classified Documents Handling: The second investigation addressed allegations of Trump's mishandling of classified documents after leaving the White House and alleged obstruction of efforts to return them to the government. A separate grand jury in Florida issued a second federal indictment in June 2023, charging Trump with 40 counts.
Trump had pleaded not guilty to all charges in both cases.
Case Status and Outcomes
Both federal cases initiated by the special counsel's office were subsequently closed:
- The Department of Justice discontinued the election-related case following Trump's victory in the 2024 presidential election, citing a policy against prosecuting sitting presidents.
- The classified documents prosecution was dismissed by U.S. District Judge Aileen Cannon, who ruled that the special counsel's office lacked proper congressional backing for its appointment.
Smith resigned from his special counsel role prior to Trump's January 2025 inauguration.
Smith's Statements and Defense
During his testimony, Smith defended his investigations and prosecutorial decisions, stating:
His team "developed proof beyond a reasonable doubt" that Trump "engaged in a criminal scheme" to overturn the 2020 election results.
He added that investigators found "powerful evidence" indicating Trump had retained classified documents and obstructed efforts to return them.
"The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions."
Smith affirmed that his prosecutorial decisions were made "without regard to Trump's political association, activities, beliefs, or candidacy in the 2024 presidential election." He denied claims that his investigations were politically motivated, affirming he would prosecute a former president based on the same facts today, regardless of political affiliation. He expressed belief that the evidence gathered against Trump in both cases would have led to a conviction.
Allegations Regarding 2020 Election and January 6
Smith provided details on the 2020 election investigation, stating:
He considered Trump "by a large measure the most culpable and most responsible person in this conspiracy," asserting that the January 6 events "would not happen" without Trump's actions.
The case relied on testimony from individuals identified as Trump allies and supporters, including a Republican Pennsylvania elector who reportedly believed Trump was attempting to overthrow the election, and former Vice President Mike Pence.
Evidence indicated Trump "caused" and "exploited" the events at the Capitol, and that it was "foreseeable to him." Smith stated that Trump "made false statements to state legislatures, to his supporters... and was aware in the days leading up to Jan. 6th that his supporters were angry when he invited them and then he directed them to the Capitol." He alleged Trump did not intervene to stop the events and issued a tweet that, in Smith's view, endangered the Vice President.
Smith claimed Trump "was not looking for honest answers about whether there was fraud in the election. He was looking for ways to stay in power... He, in fact, knew that the fraud claims he was making were false."
He highlighted that 140 law enforcement officers were injured during the January 6 events.
Classified Documents Investigation Details
Smith provided limited information concerning the classified documents investigation due to a federal judge's order restricting him from disclosing specific details. A second volume of Smith's final report related to this case remains sealed by Judge Aileen Cannon. Trump's personal lawyer had requested that these findings remain confidential, citing grand jury and privileged materials.
Congressional Scrutiny and Reactions
Republican Members
House Judiciary Chairman Jim Jordan publicly characterized Smith's investigations as "partisan and politically motivated," and previously accused Smith of employing "disturbing tactics." Concerns were raised regarding the subpoenaing of phone records from several Republican lawmakers during the election investigation, which some argued violated privacy and the Constitution's Speech and Debate Clause. Republicans questioned Smith's independence and objectivity, and asserted that Trump's statements denying the 2020 election defeat were an exercise of First Amendment rights. A criminal referral was issued to the Justice Department concerning responses provided by Thomas Windom, a prosecutor from Smith's team.
Democratic Members
Democrats on the panel expressed interest in learning the findings of Smith's inquiries, stating, "We want to hear exactly what he found, and what he did." Congressman Jamie Raskin, the ranking Democrat on the House Judiciary Committee, praised Smith's integrity.
Discussion on Investigative Tactics
Smith defended his team's acquisition of phone records from some Republican lawmakers. He clarified that these records contained only timestamps of calls made around the January 6 attack, not the content. Smith described this as a lawful and standard investigative method, attributing its necessity to Trump's alleged actions.
He stated, "Donald Trump directed his coconspirators to call these people to further delay the proceedings. He chose to do that. If Donald Trump had chosen to call a number of Democratic senators, we would have got toll records for a number of Democratic senators."
Regarding a claim by former White House aide Cassidy Hutchinson about Trump allegedly attempting to grab the steering wheel of a presidential SUV on January 6, Smith informed lawmakers that investigators interviewed the Secret Service officer present. The officer stated Trump expressed anger and a desire to go to the Capitol, but the officer's account differed from Hutchinson's secondhand testimony regarding the alleged physical attempt.
Related Context and Trump's Public Comments
Throughout the investigative and testimony periods, former President Trump made public comments about Smith, referring to him as a "criminal," "deranged Jack Sick Smith," and a "deranged animal." Trump also suggested that Smith and other Department of Justice officials involved in the 2020 election inquiry should be "investigated and put in prison," and called for Smith's prosecution for alleged perjury.
Smith stated he anticipated facing prosecution from a future Trump Justice Department, believing they would "do everything in their power to do that because they have been ordered to by the president."
In a separate but related development, the Department of Justice had indicted former FBI Director James Comey in September based on his 2019 congressional testimony. A federal judge dismissed that case in November, ruling that the prosecutor involved had been improperly appointed. Prosecutors from Smith's office, including Thomas Windom and Jay Bratt, also engaged with lawmakers, with Bratt declining to answer questions in his deposition, citing Fifth Amendment protections.