Jack Smith defends Trump investigations in closed-door testimony

Special Counsel Defends Investigations Against Trump

Jack Smith, the former Justice Department special counsel, emphasized to congressional lawmakers that his investigations into President Trump were conducted without bias concerning Trump’s “political association, activities, beliefs, or candidacy in the 2024 presidential election.” These remarks were part of his opening statement, a copy of which was obtained by NPR.

Inside a closed-door session with the House Judiciary Committee, Smith asserted that his team gathered “proof beyond a reasonable doubt” regarding Trump’s alleged involvement in a criminal plot to overturn the 2020 election. Additionally, investigators possessed “powerful evidence” indicating Trump’s intentional retention of classified documents and attempts to obstruct justice.

“The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions,” Smith stated during the session.

Smith’s appearance before the committee, which is led by Republicans, was in response to a subpoena after his offer to testify publicly was declined.

His investigations resulted in two criminal indictments against Trump: one concerning alleged efforts to overturn the 2020 election and another related to alleged obstruction and mishandling of classified documents.

Following Trump’s victory in the 2024 election, the Justice Department decided to drop the election-related case and halted its appeal of a federal judge’s decision to dismiss the case concerning classified documents.

Trump and his supporters, including GOP lawmakers on the committee, have long criticized Smith for pursuing these investigations for political motives—a claim Smith has consistently refuted.

Smith maintained his stance on prosecuting such cases, stating, “If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether the president was a Republican or a Democrat.”

In his testimony, Smith aimed to address what he perceives as misunderstandings of his work, including the special counsel office’s acquisition of phone records belonging to some Republican congress members, as confirmed by a source familiar with the deposition who spoke under anonymity.

Despite the private nature of his testimony, Smith’s responses are restricted. For instance, he cannot discuss matters related to grand jury materials due to secrecy rules.