Former Special Counsel Jack Smith told members of Congress in a private interview Wednesday that his team gathered sufficient evidence to support criminal charges against Donald Trump in connection with efforts to overturn the 2020 election and the retention of classified documents, even though both cases were later dropped following Trump’s return to the presidency.
In a closed-door hearing before the House Judiciary Committee on Wednesday, former Justice Department Special Counsel Jack Smith defended his handling of two major federal investigations into President Donald Trump. According to excerpts from his opening remarks obtained by the Associated Press, Smith said his team developed “proof beyond a reasonable doubt” that Trump criminally conspired to overturn the 2020 presidential election results. Smith also said prosecutors amassed “powerful evidence” that Trump unlawfully retained classified documents at Mar-a-Lago and obstructed government attempts to retrieve them.
“I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election,” Smith told the committee. He emphasized his actions were “based on what the facts and the law required.” He also reportedly told lawmakers that if presented with the same facts today, he would again bring charges against a former president, “regardless of whether the president was a Republican or Democrat.”
Smith was appointed in 2022 by Attorney General Merrick Garland to oversee both probes. His team filed charges in each case but abandoned them after Trump was elected to the White House, citing Justice Department legal opinions that say a sitting president cannot be indicted.
The Judiciary Committee, led by Chairman Jim Jordan (R-OH), subpoenaed Smith for testimony and documents as part of a Republican-led investigation into what GOP lawmakers describe as the politicized use of federal law enforcement under the Biden administration. According to Smith’s lawyers, he had volunteered to testify publicly more than a month before the subpoena was issued — an offer they say was rebuffed by Republicans. Trump had told reporters he supported an open hearing.
In his statement, Smith denied that political considerations influenced his prosecutorial decisions. He told lawmakers that investigators subpoenaed phone records related to the January 6 period, which he said were “relevant to complete a comprehensive investigation” and involved calls President Trump made urging lawmakers to delay the certification of the 2020 election results.