Former U.S. Special Counsel Jack Smith arrives for a closed-door deposition as part of a House Judiciary Committee inquiry into his now-dismissed cases against U.S. President Donald Trump over his efforts to overturn the 2020 election results and his retention of classified documents, on Capitol Hill in Washington, D.C., U.S., December 17, 2025. REUTERS/Kevin Mohatt
Former special counsel Jack Smith spoke to the House Judiciary Committee on Wednesday after many House Republicans made public allegations about him and his work investigating President Donald Trump.
In an effort to set the record straight, Smith said he would testify and answer questions before the committee, but only in a public hearing. Republican committee leaders refused to allow for this, instead holding the hearing behind closed doors.
New York Times reporter Glenn Thrush posted on X that Smith, in his opening statement, said, “The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions…”
“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 presidential election and to prevent the lawful transfer of power," Smith continued.
Smith worked on two main cases. First, the allegations that Trump stole documents from the White House upon leaving office, including classified materials, and refused to return them. The second case involved investigating Trump for his efforts to overturn the 2020 election.
Smith told the members that he gathered “powerful evidence” for the classified documents case from Trump's Mar-a-Lago country club in Palm Beach, Florida. He also said that he uncovered evidence showing efforts to obstruct that investigation as well.
“I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 election,” Smith said, according to the AP. “We took actions based on what the facts and the law required — the very lesson I learned early in my career as a prosecutor.”
If asked whether he would “prosecute a former president based on the same facts today, I would do so regardless of whether the president was a Republican or Democrat," said Smith.
Trump told reporters at the White House, “I’d rather see him testify publicly. There’s no way he can answer the questions.”
According to CBS News reporter Scott MacFarlane, Smith also stated, "Exploiting that violence, [President] Trump [and] his associates tried to call Members of Congress in furtherance of their criminal scheme, urging them to further delay certification of the 2020 election. I didn’t choose those Members; President Trump did”
Attorney for Former Special Counsel Jack Smith, Lanny Breuer: "In today 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." pic.twitter.com/SlLQvevFbp
— CSPAN (@cspan) December 17, 2025