Former Justice Department special counsel Jack Smith testified publicly before the House Judiciary Committee on Capitol Hill today, to warn Americans about a threat to democracy. His testimony marks the first public appearance defending the two high-profile criminal investigations he led into President Donald Trump's efforts to overturn the results of the 2020 election and the mishandling of classified documents.
In his opening remarks, Smith stood by his prosecutorial decisions and stressed that they were grounded in facts and the rule of law, not political bias. He said that if presented with the same evidence today, he would make the same choices regardless of the political party of the individual involved.
"I'm proud of the work my team did... During my tenure as special counsel, we followed Justice Department policies, we observed legal requirements, and took actions based on the facts and the law. I made my decisions without regard to President Trump's political association, activities, beliefs, or candidacy in the 2024 election. President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold," Smith began.
Smith also addressed broader issues he sees facing the justice system, including concerns about efforts to purge or sideline federal civil servants who were involved in his investigations. He warned that retaliatory actions against career prosecutors, FBI agents and support staff threaten the stability and integrity of legal institutions that underpin the rule of law.
"President Trump has sought to seek revenge against career prosecutors, FBI agents and support staff for having worked on these cases. To vilify and seek retribution against these people is wrong. Those dedicated public servants are the best of us. After nearly 30 years of public service, including in international settings, I have seen how the rule of law can erode," Smith said. "My fear is that we have seen the rule of law function in our country for so long that many of us have come to take it for granted."
Much of the hearing focused on the two criminal probes that Smith led as special counsel. One focused on Trump's alleged attempt to subvert the 2020 election, including false electors and pressure on state officials, and the other centered on retaining classified materials after his presidency.
Both resulted in indictments with numerous criminal counts but were ultimately dismissed after Trump's victory in the 2024 election. Prosecutors cited Department of Justice policy barring indictment of a sitting president as the reason for dismissal. "The rule of law is not self-executing," Smith said.
Republican members of the committee, led by Chairman Rep. Jim Jordan of Ohio, challenged Smith's motives and tactics, particularly his decision to subpoena phone records of several Republican lawmakers as part of the January 6 investigation. GOP lawmakers characterized these actions as partisan overreach and questioned his impartiality.
Smith defended the investigative decisions as standard prosecutorial practice, explaining that understanding communications related to the January 6 Capitol attack was essential to piecing together the full scope of efforts to disrupt the peaceful transfer of power. He also reiterated his view that tangible evidence supported the charges he brought.
Democratic members of the committee pressed back against Republican critiques, applauding Smith's commitment to evidence over politics and highlighting the importance of accountability for actions aimed at weakening democratic processes. Rep. Jamie Raskin of Maryland praised Smith's adherence to legal standards, framing the testimony as a reaffirmation of judicial independence.
The heated hearing included coverage outside of Smith's direct testimony. President Trump took to social media to attack Smith, labeling him a "deranged animal" and calling for investigations into the former prosecutor.
