Former particular counsel Jack Smith defended his choice to convey prices twice towards President Donald Trump — telling lawmakers in a closed-door deposition earlier this month that his staff “had proof past cheap doubt in each circumstances” that Trump was responsible of the fees within the 2020 election interference and labeled paperwork circumstances.
And Smith fervently denied that there was any political affect behind his choice — opposite to what the Republicans on the Home Judiciary Committee, who requested the testimony, alleged — similar to strain from then-President Joe Biden or Lawyer Basic Merrick Garland.
“No,” Smith responded repeatedly.
On this picture from video launched by the Home Judiciary Committee, former particular counsel Jack Smith speaks throughout a deposition, on Dec. 17, 2025, on the U.S. Capitol in Washington D.C.
Home Judiciary Committee by way of AP
Simply over an hour earlier than the closed testimony on Dec. 17, the Division of Justice despatched an e mail to Smith’s attorneys stopping him from discussing the labeled paperwork case, based on the 255-page transcript of the deposition, launched Wednesday by the Judiciary Committee together with a video of the listening to.
This meant Smith was unable to reply most questions on that case and the deposition — meant to ask questions in regards to the alleged weaponization of the DOJ towards Trump and his allies — primarily centered on the 2020 election case as a substitute.
Smith’s counsel mentioned the DOJ additionally refused to ship a lawyer to advise Smith on whether or not his statements have been according to their dedication of what he may or couldn’t say concerning the circumstances, based on the deposition. Smith did say, nevertheless, that Trump “obstructed” the labeled paperwork investigation “to hide his continued retention of these paperwork.”
Trump repeatedly denied the allegations in each felony circumstances, which have been unprecedented towards an American president, and decried them as a part of a “witch hunt.” Smith, one in every of Trump’s frequent targets on social media, in the end dropped the circumstances after Trump’s reelection as a result of he mentioned that he was constitutionally prohibited from prosecuting a sitting president.
Smith asserted in his ultimate report that “however for Mr. Trump’s election and imminent return to the Presidency, the Workplace assessed that the admissible proof was adequate to acquire and maintain a conviction at trial.”
Through the deposition, Smith argued, as he had up to now, that Trump “President Trump engaged in a prison scheme to overturn the outcomes of the 2020 election and to forestall the lawful switch of energy.”
When requested if Trump was chargeable for the violence on the Capitol on Jan. 6, Smith mentioned “Our view of the proof was that he induced it and that he exploited it and that it was foreseeable to him.”
Smith argued that Trump’s claims that he received the 2020 election weren’t protected free speech as a result of they have been meant to focus on a authorities perform.
“There isn’t a historic analog for what President Trump did on this case. As we mentioned within the indictment, he was free to say that he thought he received the election. He was even free to say falsely that he received the election,” Smith mentioned. “However what he was not free to do was violate Federal legislation and use realizing — knowingly false statements about election fraud to focus on a lawful authorities perform. That he was not allowed to do. And that differentiates this case from any previous historical past.”
And Smith mentioned Trump wrote a tweet that “with out query in my thoughts endangered the lifetime of his personal Vice President” through the Jan. 6 assault on the Capitol.
Smith mentioned a number of witnesses who mentioned they voted or campaigned for Trump — together with the Speaker of the Home in Arizona and Speaker of the Home in Michigan — have been the muse of the case.
“We had an elector in Pennsylvania who’s a former Congressman who was going to be an elector for President Trump who mentioned that what they have been attempting to do was an try to overthrow the federal government and unlawful. Our case was constructed on, frankly, Republicans who put their allegiance to the nation earlier than the get together,” Smith mentioned.
Requested why Smith didn’t cost any of the alleged co-conspirators, Smith mentioned “As we said within the ultimate report, we analyzed the proof towards totally different co-conspirators. We — my workers decided that we did have proof to cost individuals at a sure time limit. I had not made ultimate determinations about that on the time that President Trump received reelection, that means that our workplace was going to be closed down.”
Smith mentioned he had proof that Trump ordered the alleged co-conspirators to position telephone calls to senators the night time of Jan. 6 to try to delay the certification vote.
The committee pressed Smith why he didn’t converse with Trump allies Steve Bannon, Roger Stone or Peter Navarro as a part of their investigation.
“We pursued the investigative routes that we thought have been essentially the most fruitful,” Smith argued. “I did not suppose it will be fruitful to attempt to query them.”
Former Particular Counsel Jack Smith leaves after testifying in a closed-door deposition earlier than the Home Judiciary Committee within the Rayburn Home Workplace Constructing on Capitol Hill, on Dec. 17, 2025, in Washington, D.C.
Andrew Harnik/Getty Pictures
They usually pressed him on seizing telephones of members of Congress. Smith mentioned solely Scott Perry had his telephone seized and no senators did.
“I do not recall that,” Smith mentioned when requested if he wished a search warrant for the content material of any textual content messages from members of Congress.
Smith mentioned he simply wished toll information and confirmed that he accepted the subpoenas.
“If Donald Trump had chosen to name a lot of Democratic Senators, we might have gotten toll information for Democratic Senators. So accountability for why these information, why we collected them, that is — that lies with Donald Trump,” Smith mentioned.
Smith recalled that Jim Jordan, the Judiciary Committee chair, was in direct contact with White Home on Jan. 6, based on an interview his staff carried out with Mark Meadows.
Meadows said that Jordan was scared. “I’ve by no means seen Jim Jordan fearful of something,” Meadows mentioned, based on Smith.
Smith mentioned he’s “eyes huge open” that he believes Trump will search retribution towards him.
“I got here right here. I used to be requested to return right here,” he added.
