In a significant closed-door testimony, former US special counsel Jack Smith has robustly defended his aborted federal prosecutions of ex-President Donald Trump, warning that failing to punish election meddling would have a "catastrophic" impact on American democracy.
Behind-Closed-Doors Testimony Reveals Stance
Smith appeared before the Republican-controlled House judiciary committee earlier this month, with a transcript of his more-than-eight-hour deposition released on Wednesday. He was subpoenaed for the private testimony, despite having offered to appear publicly as is customary for special counsels.
Appointed in November 2022, Smith swiftly brought two federal indictments against Trump. These focused on the alleged unlawful retention of classified documents and efforts to overturn the results of the 2020 presidential election.
No White House Interference, Smith Insists
Under questioning from Democratic congressman Dan Goldman, Smith firmly rejected allegations from Trump and his Republican allies that President Joe Biden had "weaponised" the Department of Justice. Smith stated he never received any instructions from President Biden regarding the investigations and had not spoken to him about the cases in any way.
He further testified that he operated without interference from Attorney General Merrick Garland, who appointed him, or any other senior justice department officials.
"If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat," Smith declared in his opening statement. He later confirmed to a committee staffer that he would have similarly indicted Biden or Barack Obama if presented with equivalent evidence.
Cases Stalled Before 2024 Election
Neither federal case reached trial before the 2024 election, which saw Trump return to the White House. Following established justice department policy, Smith subsequently dropped the charges.
The election-interference case faced delays from pretrial motions, including a Supreme Court ruling on presidential immunity. The classified-documents prosecution was hampered by rulings from Florida judge Aileen Cannon, who once dismissed Smith's indictment. Cannon has also barred the public release of the chapter in Smith's report covering the documents case, a decision Democrats have asked her to reverse.
During the deposition, Smith's attorney, Peter Koski, noted the justice department had advised Smith to limit discussion of evidence in the documents case due to Cannon's ruling.
Defending Investigative Methods
Smith also addressed Republican fury over revelations that federal investigators obtained phone metadata—specifically incoming and outgoing numbers and call durations, not contents—for several members of Congress. He stated this data was "lawfully subpoenaed" and crucial to showing Trump continued to press allies to delay certifying the 2020 election even during the January 6 Capitol attack.
"Recent narratives about my team’s work are false and misleading," Smith asserted. "President Trump and his associates tried to call members of Congress in furtherance of their criminal scheme... I did not choose those members, President Trump did."
A Warning and an Acknowledgement of Risk
The most striking exchange came with Democratic congresswoman Pramila Jayapal, who asked about the consequences of leaving election interference unpunished. Smith replied it would "become the new norm" for conducting elections. When pressed on the toll this would take on democracy, his one-word answer was: "Catastrophic."
Smith acknowledged the personal risk he now faces, stating, "I have no doubt that the president wants to seek retribution against me." Despite the cases being dropped and the political firestorm, he remained resolute, telling the committee he believed "we had proof beyond a reasonable doubt in both cases."
