Former special counsel Jack Smith will testify before the House Judiciary Committee next week where he will be questioned by both Republicans and Democrats regarding his prosecutions of President Donald Trump.
Smith previously prosecuted President Trump for allegedly holding classified documents at Mar-a-Lago and for his alleged role in the January 6 riot on Capitol Hill. He dropped both cases after Trump defeated former Vice President Kamala Harris in the 2024 presidential election.
“Smith will appear before the committee on January 22, one month after he sat for a closed-door deposition with the committee and testified for eight hours about his special counsel work,” reported Fox News on Monday.
“In a public hearing, House lawmakers will be able to question Smith in five-minute increments, whereas in the deposition, each party questioned Smith in one-hour sessions,” added the outlet.
In a transcript of his deposition, Smith said that he prosecuted Trump with no regard for his political associations.
“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 said. “We took actions based on what the facts, and the law required, the very lesson I learned early in my career as a prosecutor.”
As Breitbart News reported in November, Smith received former House Speaker Kevin McCarthy’s cellphone records from AT&T during his investigation into the January 6 riot on Capitol Hill. At the time, Fox News initially reported that Smith “subpoenaed AT&T for McCarthy’s records, but AT&T had indicated to Senate Judiciary Committee Chairman Chuck Grassley that the company had not shared any of the former speaker’s phone records.”
The outlet later obtained a letter that AT&T sent to Grassley indicating the former House Speaker’s records were shared with Jack Smith:
Smith on Jan. 24, 2023, allegedly sought the “toll records for the personal cell phones of U.S. Speaker of the House Kevin McCarthy (AT&T) and U.S. Representative Louie Gohmert (Verizon.)”
The information was included as part of a “significant case notification” drafted by the FBI’s Criminal Investigative Division May 25, 2023.
AT&T, though, notified Grassley that the company received a subpoena for McCarthy’s records in January 2023, separate from the May 2023 subpoena for other toll records, and allegedly inadvertently supplied those personal cellphone records to Smith.
AT&T said the subpoena “sought records for a personal cellular phone number” and that it did not in “any way indicate that the information sought related to a member of Congress.”
“We identified (the subpoena) yesterday as such based on the phone number in the subpoena,” the company said. “Based on this newly found record, we write to correct our October 24, 2025 response, which was based (on) a reasonable review of our records at that time.”
“AT&T’s Global Legal Demand Center receives hundreds of thousands of legal demands each year, and unlike the May 2023 subpoena discussed in our October 24 response, the subpoena we produced today did not seek records from a campaign account,” it continued. “Rather, as confirmed from press accounts, the subpoena sought records for a personal cellular phone number. It also did not in any way indicate that the information sought related to a member of Congress.”
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“As a result, the subpoena processing center had no reason to believe that the phone number was associated with a member of Congress, and AT&T did not make further inquiries to the Special Counsel and produced the information as required by the subpoena,” it concluded.
Smith said he followed the Department of Justice policy to subpoena phone records in his deposition.
“If Donald Trump had chosen to call a number of Democratic senators [to delay the election certification proceedings], we would have gotten toll records for Democratic senators. So responsibility for why these records, why we collected them, that’s — that lies with Donald Trump,” Smith said.
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