Former special counsel Jack Smith defended his decision to bring charges against former President Donald Trump in two high-profile cases, telling lawmakers in a closed-door deposition earlier this month that his office “had proof beyond a reasonable doubt in both cases” regarding Trump’s alleged interference in the 2020 election and the handling of classified documents, report Baltimore Chronicle via ABC News. Smith also firmly rejected claims that his decisions were politically influenced, countering suggestions from Republican members of the House Judiciary Committee that external pressures from President Joe Biden or Attorney General Merrick Garland affected the prosecutions.
According to the 255-page transcript of the deposition, released along with video footage by the committee, Smith was prevented by the Department of Justice from discussing the classified documents case just over an hour before the testimony on December 17, 2025. As a result, most questions regarding that investigation could not be addressed, and the deposition focused largely on Trump’s alleged efforts to overturn the 2020 election results. Smith’s legal team also reported that the DOJ declined to provide counsel to advise him on which statements were permissible regarding the ongoing investigations. Despite these limitations, Smith stated that Trump obstructed the classified documents investigation to conceal continued retention of sensitive material.
During the deposition, Smith reiterated that Trump “engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power.” When asked about the January 6 Capitol attack, Smith said, “Our view of the evidence was that he caused it and that he exploited it and that it was foreseeable to him.” He emphasized that Trump’s repeated false claims of winning the election were not protected under the First Amendment because they were intended to interfere with official government functions. “There is no historical analog for what President Trump did in this case,” Smith said. “He was free to say he thought he won, even falsely, but he was not free to violate federal law and use knowingly false statements about election fraud to target a lawful government function.”
Smith also cited evidence that Trump endangered Vice President Mike Pence’s life during the January 6 attack through a tweet and noted that several witnesses, including Republican electors and state House speakers, contributed to the evidence against Trump. Regarding alleged co-conspirators, Smith explained that his office analyzed potential charges but did not finalize them before Trump’s reelection, when the special counsel’s authority ended. Smith confirmed evidence that Trump had instructed associates to call senators to attempt to delay the certification of electoral votes.
The committee questioned why Smith had not interviewed Trump allies such as Steve Bannon, Roger Stone, or Peter Navarro. He replied, “We pursued the investigative routes that we thought were the most fruitful. I didn’t think it would be fruitful to try to question them.” Smith clarified that only Congressman Scott Perry had his phone seized, and no senators were targeted for their communications, with the goal being to obtain toll records.
Smith recalled that Judiciary Committee Chair Jim Jordan was in direct contact with the White House on January 6, according to interviews with Mark Meadows. Smith concluded the deposition stating he is “eyes wide open” regarding potential retribution from Trump, adding, “I came here. I was asked to come here.”
Earlier we wrote that Russian officials threaten Zelenskyy after alleged Ukrainian drone attack on Putin Residence.
