Former Special Counsel Jack Smith Testifies on Trump Investigation, Capitol Attack

Former special counsel Jack Smith testified before the House Judiciary Committee on Thursday, detailing his investigation into President Donald Trump’s efforts to overturn the 2020 election, which culminated in the January 6, 2021, attack on the U.S. Capitol.

In his first public hearing since leaving the Justice Department last year, Smith delivered a forceful five-hour testimony, stating that Trump “caused” the January 6 insurrection and “sought to prey” on his supporters in his attempt to remain in power.

“Our investigation revealed that Donald Trump is the person who caused Jan. 6, it was foreseeable to him, and that he sought to exploit the violence,” Smith testified. “President Trump was charged because the evidence established that he willfully broke the law.”

Throughout the contentious hearing, Trump took to social media, posting angry comments about Smith, suggesting the former prosecutor should himself be prosecuted. Smith addressed these threats directly, saying he believes Trump officials will now do “everything in their power” to prosecute him, but he would “not be intimidated” by the president’s attacks.

“I’m not going to pretend that didn’t happen because he’s threatening me,” Smith said, asserting that investigators had gathered substantial evidence that Trump committed “serious crimes.”

The hearing room itself became a microcosm of the nation’s ongoing divisions over January 6, with Oath Keepers founder Stewart Rhodes in attendance and a tense encounter erupting between an audience member and Capitol police officers who had defended the building during the attack.

Smith abandoned his cases against Trump after Trump won reelection in 2024, following Justice Department protocol against prosecuting a sitting president. Trump had faced a four-count indictment related to the conspiracy to overturn the election, as well as separate charges over retaining classified documents at his Mar-a-Lago residence.

During questioning, Republicans sought to discredit Smith’s investigation by focusing on former White House aide Cassidy Hutchinson’s testimony to the January 6 committee, particularly her account of Trump allegedly lunging for the steering wheel of the presidential limousine when told he couldn’t join supporters at the Capitol.

“Mr. Smith, is Cassidy Hutchinson a liar?” asked Republican Rep. Jim Jordan of Ohio, the committee chairman. Smith explained that Hutchinson’s testimony was “second hand,” and that the Secret Service agent in the car at the time “did not confirm what happened.”

When Jordan suggested Smith was still considering putting Hutchinson on the witness stand because he “had to get President Trump,” Smith countered that his team had “so many witnesses” to choose from, particularly “fellow Republicans who had voted for Donald Trump, who had campaigned for him and who wanted him to win the election.”

Republicans also criticized Smith for collecting phone records of members of Congress, including then-House Speaker Kevin McCarthy. Smith defended the practice as “common” in investigations, explaining it was necessary to understand the “scope of the conspiracy” to overturn the election.

“My office didn’t spy on anyone,” he said, noting that nondisclosure agreements were sought due to concerns about witness intimidation, citing Trump’s warning that he would be “coming after” those who crossed him.

When asked about the potential consequences of not holding presidents accountable for fraudulent actions, Smith was unequivocal: “If we do not hold the most powerful people in our society to the same standards, the rule of law, it can be catastrophic. It can endanger our election process, it can endanger election workers and ultimately, our democracy.”

Regarding Trump’s recent decision to pardon approximately 1,500 people convicted in the January 6 attack, including those who assaulted police officers, Smith’s response was brief but pointed: “I don’t get it. I never will.”

Smith maintains he stands by his investigation, emphasizing that if asked today whether to prosecute a former president based on the same facts, he would do so. “No one should be above the law in this country,” he stated.

As the political battle over January 6 continues, Smith is expected to be called to testify before the Senate, which is planning its own hearing. Meanwhile, his investigation into Trump’s handling of classified documents remains partially under wraps due to an injunction by Trump-appointed U.S. District Judge Aileen Cannon, which is set to expire next month.