In a closed-door session on Wednesday, former Justice Department special counsel Jack Smith told House Judiciary lawmakers that his team had “developed proof beyond a reasonable doubt” that former President Donald Trump criminally conspired to overturn the 2020 election and had illegally hoarded classified documents at Mar-a-Lago.
Smith’s Claims
Smith said investigators had “powerful evidence” that Trump broke the law by hoarding classified documents from his first term and by obstructing efforts to recover the records. He added, “I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election.”
He further stated, “We took actions based on what the facts and the law required – the very lesson I learned early in my career as a prosecutor.”
When asked whether he would prosecute a former president today, Smith replied, “I would do so regardless of whether the president was a Republican or Democrat.”
Committee Context
The House Judiciary Committee, led by Republican Rep. Jim Jordan, subpoenaed Smith for testimony and documents as part of a GOP investigation into Trump inquiries during the Biden administration. Smith cooperated, noting his lawyers that he had volunteered more than a month before the subpoena to answer questions publicly-a request that was rebuffed by Republicans. Trump had said he supported an open hearing.
Smith’s lawyer Lanny Breuer praised his conduct, saying, “Testifying before this committee, Jack is showing tremendous courage in light of the remarkable and unprecedented retribution campaign against him by this administration and this White House.” He added, “Let’s be clear: Jack Smith, a career prosecutor, conducted this investigation based on the facts and based on the law and nothing more.”
Reactions and Background
Rep. Jamie Raskin, the committee’s top Democrat, said the Republican majority “made an excellent decision” in not allowing Smith to testify publicly, arguing that it would have been “absolutely devastating to the president and all the president’s men involved in the insurrectionary activities” of the Jan. 6 Capitol riot.
Smith’s appointment in 2022 to oversee investigations into Trump’s efforts to reverse the 2020 loss and his hoarding of classified documents led to charges that were abandoned after Trump was elected, citing DOJ legal opinions that a sitting president cannot be indicted.
The deposition occurs amid a broader retribution campaign against former officials involved in investigating Trump. The Office of Special Counsel is investigating Smith, and a White House memorandum this year aimed to suspend security clearances of lawyers at the firm that provided legal services to him.
Republicans have released internal FBI emails about the August 2022 search of Mar-a-Lago. One email, written weeks before the search, stated the FBI Washington field office did not believe probable cause existed, yet later agents found boxes of classified, even top-secret, documents. The former head of the Washington field office testified that by the time of the search, probable cause did exist.
Smith also explained that phone records of GOP lawmakers around the Jan. 6 insurrection-containing only numbers and call lengths-were subpoenaed, relevant, and related to calls Trump made urging lawmakers to delay certification.
Key Takeaways
- Smith claims investigators proved Trump conspired to overturn the 2020 election and illegally hoarded classified documents.
- The testimony was held in a closed-door session, with Republicans citing political motives for restricting public access.
- The deposition is part of a broader effort to scrutinize and, in some cases, counteract investigations into Trump’s activities.
The closed-door testimony underscores the deep partisan divide over how to handle evidence of alleged presidential misconduct and the legal limits on prosecuting a sitting president.
