Special Counsel Jack Smith testified before the House Judiciary Committee that he believed he had built a case to convict President Donald Trump “beyond a reasonable doubt” of having “engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power.’ Smith told Congress that the January 6th attack on the U.S. Capitol “does not happen without” Trump urging it on.
On New Year’s Eve, the House Judiciary Committee released the 255-page transcript of Smith’s testimony, which lasted some eight hours in a closed-door session on December 17th. Smith had repeatedly asked to testify publicly before Congress, but the GOP leadership in the House refused. Smith’s testimony was made public only after his sent Judiciary Chairman Jim Jordan (R-OH) a letter on Dec. 24th demanding the “prompt public release” of his testimony.
Smith was barred by Judge Aileen Cannon in Florida from discussing any non-public details of the case against Trump in the classified documents case, which Smith also brought against Trump – following the indictment he filed over the January 6th riot and the attempt to overturn the 2020 presidential election.
Smith detailed his indictment against Trump regarding the 2020 election, which Trump has falsely claimed was rigged against him. “The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions, as alleged in the indictments returned by grand juries in two different districts. Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power,” Smith told the House, adding:
Our investigation also developed powerful evidence that showed that President Trump willfully retained highly classified documents after he left office in January of 2021, storing them at his social club, including in a ballroom and a bathroom. He then repeatedly tried to obstruct justice to conceal his continued retention of those documents. I remain grateful for the counsel, judgment, and advice of my team as I executed my responsibilities.
I am both saddened and angered that President Trump has sought revenge against career prosecutors, FBI agents, and support staff simply for doing their jobs and for having worked on those cases. These dedicated public servants are the best of us, and they have been wrongly vilified and improperly dismissed from their jobs. I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election.
We took our actions based on the facts and the law, the very lessons I learned early in my career as a prosecutor. We followed Justice Department policies and observed legal requirements. The timing and speed of our work reflects the strength of the evidence and our confidence that we would have secured convictions at trial. 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.
Watch the full testimony above.
