Jack Smith defends Trump prosecutions before US House committee

Former Justice Department special counsel Jack Smith has defended the criminal cases he brought against Donald Trump, telling US lawmakers that the prosecutions were driven by evidence and the law, not politics.

Smith testified behind closed doors on Wednesday before the Republican-led House Judiciary Committee, which questioned him about the two federal indictments he oversaw against Trump while serving as special counsel.

The first case, filed in June 2023, accused Trump of mishandling classified documents after leaving office. The second, brought in August that year, alleged that Trump sought to overturn the results of the 2020 presidential election, which he lost to Democrat Joe Biden.

“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 presidential election and to prevent the lawful transfer of power,” Smith said in prepared remarks shared with news agencies.

He forcefully rejected Republican claims that the prosecutions were politically motivated or aimed at sabotaging Trump’s 2024 campaign.

“I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs or candidacy in the 2024 election,” Smith told the committee. “We took actions based on what the facts and the law required — the very lesson I learned early in my career as a prosecutor.”

Smith said the responsibility for the cases lay solely with Trump’s conduct, adding that he would make the same decision again regardless of the defendant’s party affiliation.

“The basis of our decisions rests entirely with President Trump and his actions,” he said. “I would make the same decision today if the defendant were a Republican or a Democrat.”

The appearance followed a subpoena issued by the Judiciary Committee on December 3, ordering Smith to testify and to turn over documents related to the investigations by December 12. Although Smith had asked for a public hearing, the committee kept the session closed.

Republicans have repeatedly argued that the cases were partisan attacks. Judiciary Committee chairman Jim Jordan echoed that line on Wednesday.

“This was political. This was about going after the Republican Party, and most importantly, it was about going after our candidate for president, President Trump,” Jordan said on Fox and Friends.

Smith, a former prosecutor at the International Criminal Court in The Hague, was appointed special counsel in 2022 under then-President Joe Biden. The role is designed to insulate politically sensitive investigations from direct Justice Department control.

After Trump won the 2024 election, Smith dropped both federal cases in line with longstanding Justice Department policy barring the prosecution of a sitting president. He resigned in January, shortly before Trump returned to office.

Trump, however, has continued to attack Smith personally and has called for him to be investigated and prosecuted. In October, Trump shared an article about Smith on Truth Social, writing: “These thugs should all be investigated and put in prison. A disgrace to humanity. Deranged Jack Smith is a criminal!!!”