Key Takeaways
- Jack Smith, the former U.S. Justice Department special counsel, will testify publicly to the House Judiciary Committee on January 22.
- Smith previously gave private testimony to the committee in December, defending his investigations into President Donald Trump and stating that the basis for the prosecutions "rests entirely with President Trump and his actions."
- Smith’s investigations into Trump resulted in two now-dropped criminal cases, one accusing Trump of illegally retaining classified documents and the other accusing him of plotting to overturn his defeat in the 2020 election.
- Smith dropped both cases after Trump won the 2024 election, citing a Justice Department policy against prosecuting a sitting president.
- The committee released a 255-page transcript of Smith’s private testimony, in which he stated that Trump was responsible for the January 6, 2021, attack on the U.S. Capitol and that he willfully retained highly classified documents after leaving office.
Introduction to Jack Smith’s Testimony
The House Judiciary Committee has announced that Jack Smith, the former U.S. Justice Department special counsel, will testify publicly on January 22. This comes after Smith gave private testimony to the committee in December, in which he defended his investigations into President Donald Trump. Smith’s investigations resulted in two now-dropped criminal cases against Trump, one accusing him of illegally retaining classified documents and the other accusing him of plotting to overturn his defeat in the 2020 election. In his private testimony, Smith stated that the basis for the prosecutions "rests entirely with President Trump and his actions."
Background on the Investigations
Smith’s investigations into Trump began in 2023, and he secured indictments in both cases. However, after Trump won the 2024 election, Smith dropped both cases, citing a Justice Department policy against prosecuting a sitting president. Despite this, Smith has continued to defend his investigations, stating that he would prosecute Trump again if given the same facts. In his opening statement, Smith said that his investigation gathered "proof beyond a reasonable doubt" that Trump "engaged in a criminal scheme" to overturn the 2020 election, which culminated in the January 6 attack on the Capitol.
Smith’s Testimony on Trump’s Actions
In his private testimony, Smith painted a portrait of Trump’s recklessness when it came to national security documents. He stated that Trump willfully retained highly classified documents after leaving office in January 2021, storing them at his social club, including in a bathroom and a ballroom where events and gatherings took place. Smith also stated that Trump was responsible for the January 6, 2021, attack on the U.S. Capitol, saying that "our view of the evidence was that he caused it and that he exploited it and that it was foreseeable to him."
Republican Criticisms of Smith’s Investigation
Republican lawmakers have expressed outrage at disclosures that investigators sought information from a wide range of conservative organizations as part of the probe into Trump’s efforts to overturn his 2020 election loss. They have also criticized Smith for obtaining limited cell phone data from eight Republican senators during the period around the January 6, 2021 attack on the U.S. Capitol. Trump has repeatedly criticized Smith, calling him "deranged" and a "wacko" who was "used for Crooked Joe Biden’s attack on his Political Opponent." However, Smith has denied that there was any political motivation to the prosecutions, pushing back on the suggestion that he was trying to influence the 2024 election.
Upcoming Public Testimony
Smith’s public testimony on January 22 is expected to be a significant event, with many lawmakers and citizens eager to hear his thoughts on the investigations into Trump. The committee has released a 255-page transcript of Smith’s private testimony, which provides a detailed account of his investigations and his thoughts on Trump’s actions. It is likely that Smith’s public testimony will be closely watched and widely reported, and could potentially have significant implications for Trump and his presidency. The House Judiciary Committee has announced that Smith’s testimony will be a public hearing, and it is expected that he will face questions from lawmakers on both sides of the aisle.
