Republican-led House committee subpoenas President Trump’s prosecutor Jack Smith

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The Republican-led House Judiciary Committee on Dec. 3 issued a subpoena to former special counsel Jack Smith, who led the prosecution of President Donald Trump in his absence.

In a letter sent to Mr. Smith and posted on social media, Chairman Jim Jordan (R-Ohio) said he was subpoenaing Mr. Smith to testify in a Dec. 17 deposition and was also seeking documents from former officials as part of the investigation into Mr. Trump’s prosecution. A deposition is a formal legal process for giving testimony under oath, usually in a private setting.

In a statement provided to USA TODAY, Smith’s attorney, Peter Koski, said his client volunteered several weeks ago to answer questions from lawmakers about the investigation at a public hearing.

“I am disappointed that the proposal was rejected and that the American people were not given the opportunity to hear directly from Jack on these topics,” Koski said. “Jack looks forward to meeting with the committee later this month to discuss his work and clarify various misconceptions about his investigation.”

President Trump said on December 3 that he would “probably want to see (Smith’s testimony) in a hearing” rather than a deposition.

Democrats on the House Judiciary Committee posted President Trump’s response to X, saying, “We agree with the President on this important point. Jack Smith should testify in a hearing for the world to see.”

Smith sued Trump in two separate lawsuits, the first alleging that Trump mishandled classified documents and the second alleging that Trump illegally tried to overturn the results of the 2020 presidential election. Mr. Trump pleaded not guilty in both cases, but Mr. Smith dropped the case after Mr. Trump won the 2024 election, citing a Justice Department policy barring prosecution of sitting presidents.

The subpoenas came in tandem with the Justice Department’s efforts under the Trump administration to investigate various people who investigated or criticized the president.

The department secured grand jury indictments against former FBI Director James Comey and former New York State Attorney General Letitia James on September 20, after the president posted on social media calling for criminal charges against former FBI Director James Comey and former New York State Attorney General Letitia James. A judge dismissed both charges on November 24, ruling that the prosecutor who secured the indictments, Mr. Trump’s former personal lawyer, was not lawfully appointed.

Comey served as FBI director at the beginning of President Trump’s first term, when the bureau investigated potential contacts between Trump’s 2016 campaign and the Russian government. After Trump fired Comey, he became the president’s leading critic.

James filed a civil suit against Trump in 2022, accusing Trump of inflating the value of his assets for years in order to get better loan terms. The judge in the case agreed and imposed a monetary penalty on Trump of about $500 million, including interest. The Court of Appeals subsequently upheld the finding of wrongdoing but dismissed the fine as excessive. James’ office appealed the ruling.

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