'Republicans have a lot to lose': Ex-prosecutor reveals how Jack Smith could embarrass GOP

Former Department of Justice Special Counsel Jack Smith recently said he'd be willing to answer House Republicans' call to testify before the Judiciary Committee – but only if it were viewable by the public. One former prosecutor is now arguing why Smith is "smart" to insist on public testimony.

During a Thursday segment with MSNBC host Jen Psaki, Andrew Wiessmann – who was a former assistant U.S. attorney in the Southern District of New York – recounted his recent interview with Smith, in which the former special counsel elaborated on his reasoning for insisting on a public testimony. And he remarked that the American public has yet to see Smith speak in a high-profile public forum.

"If you remember when he was the special counsel, he followed the sort of traditional Department of Justice model, which was only speaking when he announced an indictment. And otherwise, the speaking was in court through filings," Weissmann said. "And that left Donald Trump and others to vilify him and to portray him in a certain light that was quite negative. And I think it's just really smart for people to go out there, including Jack Smith, so that the public can make up their own mind based on the substance of what he has to say."

Republicans have lately been accusing Smith of "tapping" their phones, after reports came out that his investigators working on the January 6 case had accessed the phone records of several sitting Republican lawmakers. Smith's attorneys pointed out that investigators only had access to times and dates of phone calls, and weren't privy to the actual content of those calls. Weissmann observed that former DOJ special counsel Robert Hur, who investigated then-President Joe Biden in 2024, got similar data from Biden's phone. He used that example to note that Smith could publicly debunk that argument and several other arguments Republicans have made about the supposed political nature of Smith's investigations into President Donald Trump.

"He could address a lot of issues dealing with, for instance, selective prosecution and sort of what the predicate facts are. So I think that the Republicans would have a lot to lose by calling him," Weissmann said. "On the other hand, they are the ones who extended that invitation ... If they back off now, it will be quite fascinating because it will really show that this was just an effort to create a sort of perjury trap."

"This is basically saying, you know what? I'm willing to take that risk, but I'm only going to take that risk if there is the public can see it. And I just I just think that is so smart," he added.

Watch the segment below:

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