On December 17, 2025, former Justice Department Special Counsel Jack Smith appeared before the House Judiciary Committee in a closed-door hearing, defending his high-profile federal prosecutions of President Donald Trump. The proceedings, held on Capitol Hill, marked a pivotal moment in the ongoing political and legal saga that has gripped Washington since the tumultuous aftermath of the 2020 presidential election.
Smith, appointed as special counsel in 2022 by then-Attorney General Merrick Garland, had led two major criminal investigations into Trump. The first, filed in June 2023, accused Trump of mishandling classified information after leaving the White House. The second, brought in August of that year, charged the former president with orchestrating a criminal scheme to overturn the 2020 election and prevent the lawful transfer of power to Joe Biden.
In his opening remarks to lawmakers, as reported by BBC and Democracy Docket, Smith was unequivocal: "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." He insisted that the charges were not motivated by politics but by the facts and the law, stating, "I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election."
Despite Smith’s request for a public hearing, the committee—led by Republican Chairman Jim Jordan—opted for a closed-door deposition. Smith’s attorney, Peter Koski, voiced disappointment, telling Politico that Smith "is disappointed that offer was rejected, and that the American people will be denied the opportunity to hear directly from Jack on these topics." Portions of Smith’s opening statement were nonetheless provided to news agencies, offering a glimpse into his defense of the investigations.
The stakes of Smith’s testimony were high, both for the embattled special counsel and for the broader political climate. Since his return to office in January 2025, Trump has been relentless in his attacks on Smith, labeling him a "criminal" and urging the Department of Justice to investigate and imprison him. In October, during a press conference attended by Attorney General Pam Bondi, Trump declared Smith a "disgrace to humanity" and accused him of being "deranged." These attacks have been echoed by Trump’s supporters in Congress, who have characterized Smith’s prosecutions as partisan efforts to derail Trump’s 2024 campaign.
Republicans’ criticisms extended beyond rhetoric. The House Judiciary Committee subpoenaed Smith on December 3, 2025, demanding documents related to his investigations by December 12 and compelling his appearance on December 17. Chairman Jordan, a longtime Trump ally, asserted on Fox and Friends, "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." Republicans were also incensed by Smith’s decision to subpoena the phone records of several GOP lawmakers as part of the election interference investigation—a move Smith defended as lawful and necessary for a comprehensive inquiry.
According to CBS News, Smith explained that the records were "lawfully subpoenaed and were relevant to complete a comprehensive investigation." He added, "January 6 was an attack on the structure of our democracy in which over 100 heroic law enforcement officers were assaulted. Over 160 individuals later pled guilty to assaulting police officers that day. Exploiting that violence, President Trump and his associates tried to call Members of Congress in furtherance of their criminal scheme, urging them to further delay certification of the 2020 election. I didn’t choose those Members; President Trump did."
Smith also described the evidence uncovered in the classified documents case. According to excerpts published by Democracy Docket, he stated, "Our investigation also developed powerful evidence that showed President Trump willfully retained highly classified documents after he left office in January 2021, storing them at his social club, including in a bathroom and a ballroom where events and gatherings took place. He then repeatedly tried to obstruct justice to conceal his continued retention of those documents." Trump pleaded not guilty to all charges, and both prosecutions ended after his re-election in November 2024, in accordance with Justice Department policy not to prosecute a sitting president. Smith resigned in January 2025, shortly before Trump’s inauguration.
Democrats on the Judiciary Committee, meanwhile, sought to highlight Smith’s professionalism and the gravity of his findings. Representative Jamie Raskin, the panel’s ranking Democrat, told reporters that Smith’s answers during the deposition would have been "absolutely devastating to the president and all the president’s men involved in the insurrectionary activities" had they been heard in public. Raskin further remarked, as reported by CBS News, that Smith "spent several hours schooling the Judiciary Committee on the professional responsibilities of a prosecutor and the ethical duties of a prosecutor." Representative Daniel Goldman criticized Chairman Jordan for insisting on a closed-door format, noting that previous special counsels like Robert Mueller had testified publicly.
Smith’s defense of his record was unflinching. He asserted that the decision to charge Trump was his alone, but that "the basis for those charges rests entirely with President Trump and his actions, as alleged in the indictments returned by grand juries in two different districts." He added, "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 Democrat." Smith’s attorney, Lanny Breuer, praised his client’s fortitude, telling reporters that Smith "is showing tremendous courage in light of the remarkable and unprecedented retribution campaign against him by this administration and this White House."
As the political fallout continues, Democrats have pressed the Trump administration to release Smith’s full report into the two federal cases—a demand that has so far gone unmet. Smith himself is reportedly under investigation by the Office of Special Counsel, an agency unrelated to his former position, which his lawyers have dismissed as "imaginary and unfounded."
With Republicans and Democrats locked in a bitter struggle over the legacy of the Trump prosecutions, Smith’s closed-door testimony has only deepened the partisan divide. Yet, for all the controversy, Smith’s message to Congress was clear: his prosecutions were about the facts, the law, and the actions of a sitting president—not political vendettas. Whether that message will resonate beyond the halls of Congress remains an open question, but for now, the debate over accountability and the rule of law in American democracy shows no sign of abating.
