At a Glance
- Jack Smith declares Donald Trump the most culpable in the Jan. 6 conspiracy.
- Smith rejects claims his investigations were politically motivated.
- The deposition was released after Smith’s request for a public appearance.
Why it matters: The statements clarify the DOJ’s stance on Trump’s role in the Capitol riot and the nature of the investigations.
Former special counsel Jack Smith gave a closed-door deposition on Dec. 17 that was later released to the public. In it, he argued that Donald Trump was the primary figure behind the Jan. 6 riot and denied that the investigations were aimed at blocking a 2024 presidential bid.
Key Points from the Deposition
Smith’s testimony emphasized that the evidence showed Trump acted to further his own interests and that the attack could not have occurred without his influence. He also stated that Republican co-conspirators acted out of allegiance to the country rather than party.
Jack Smith said:
> “The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy.”
Jack Smith added:
> “Our case was built on, frankly, Republicans who put their allegiance to the country before the party.”
Jack Smith said:

> “Now, once they were at the Capitol and once the attack on the Capitol happened, he refused to stop it.”
Evidence and Cooperation
Smith highlighted testimony from Trump allies, including a former Pennsylvania elector, and the cooperation of Republicans who testified against the false stolen-election narrative.
- Former Pennsylvania elector, former congressman
- Republican lawmakers’ phone records
- Mark Meadows interview referencing Jim Jordan
Reactions and Implications
Smith was asked about the alleged incident involving Cassidy Hutchinson and the presidential SUV. He noted that the officer’s account did not match Hutchinson’s second-hand claim.
Jack Smith said:
> “The officer said that President Trump was very angry and wanted to go to the Capitol, but the officer’s version of events was not the same as what Cassidy Hutchinson said she heard from somebody secondhand.”
Key Takeaways
- The DOJ views Trump as the central figure in the Jan. 6 riot.
- Smith denies the investigations were politically motivated.
- Cooperation from Republican witnesses was crucial to the case.
The deposition underscores the DOJ’s position that Trump’s actions were central to the Jan. 6 riot and that the investigations were conducted on the basis of evidence, not political motives.

