His appearance at the Capitol came after Rep. Jim Jordan (Ohio), the Republican chairman of the House Judiciary Committee, subpoenaed Smith for a private deposition.
President Trump responds to Jack Smith’s subpoena
Smith’s attorney said in a statement that his client volunteered to answer lawmakers’ questions about the investigation at the hearing.
WASHINGTON – Jack Smith, the former U.S. Department of Justice special counsel who brought two now-dropped criminal cases against President Donald Trump, defended his investigation before a House committee Wednesday, telling lawmakers that the basis for the charges is “entirely against President Trump and his actions.”
Smith’s private testimony before the Republican-controlled House Judiciary Committee follows months of revelations by Trump appointees at the Justice Department and Republican lawmakers aimed at discrediting Smith’s investigation and strengthening Trump’s case that the incident was an abuse of the legal system.
“If you asked me today if I would prosecute a former president based on the same facts, I would do so regardless of whether the president was a Republican or a Democrat,” Smith said in part of his opening statement obtained by USA TODAY.
Smith and his team secured an indictment in 2023 accusing Trump of illegally preserving classified documents after his first term in office and plotting to overturn his 2020 election loss. Smith dropped both cases after Trump won the 2024 presidential election, citing a Justice Department policy that prohibits prosecuting sitting presidents.
His appearance at the Capitol came after Rep. Jim Jordan (Ohio), the Republican chairman of the House Judiciary Committee, subpoenaed Smith for a private deposition. Mr. Smith requested a public hearing.
Republican lawmakers expressed anger over revelations that investigators sought information from a wide range of conservative groups as part of their investigation into President Trump’s efforts to overturn his 2020 presidential election defeat, and also obtained limited cell phone data from eight Republican senators in the period before and after the Jan. 6, 2021, attack on the U.S. Capitol by Trump supporters.
Trump allies point to the revelations as evidence that Smith’s investigation was overzealous and targeted political opponents.
But Smith pushed back on Dec. 17, claiming that obtaining Republican cell phone records showed the investigation was political, saying it was related to the investigation into President Trump’s alleged efforts to illegally overturn the results of the 2020 presidential election.
“President Trump and his allies called members of Congress in furtherance of their criminal agenda, urging them to further delay the certification of the 2020 election,” Smith said in a statement obtained by USA TODAY. “I didn’t choose that senator, President Trump did.”
Mr. Smith also argued why his prosecution is important. One indictment focuses on an alleged plot to illegally overturn the election results, and the other accuses President Trump of intentionally mishandling classified national security information.
“Our investigation has produced evidence beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 presidential election and prevent the lawful transfer of power,” Smith said.
Smith painted a portrait of recklessness when it came to national security documents.
“President Trump knowingly retained highly classified documents even after he left office in January 2021, storing them in social clubs, including bathrooms and ballrooms where events and gatherings were held,” the opening statement said.
Contributed by: Reuters
