Trump prosecutor Jack Smith defends probes in House testimony

Jack Smith, the formerU.S.Justice Departmentspecial counsel who brought two now-dropped criminal cases against PresidentDonaldTrump, defended his investigation before aHouse of Representativespanel on Wednesday. Smith told lawmakers that the basis for the prosecutions “rests entirely withPresidentTrumpand his actions.”

Smith gave private testimony to the Republican-controlledHouse Judiciary Committeefollowing months of disclosures fromTrumpappointees at theJustice Departmentand Republican lawmakers intended to discredit Smith’s probe and bolsterTrump’s claims that the cases were an abuse of the legal system. Smith and his team secured indictments in 2023, accusingTrumpof illegally retaining classified documents following his first term in office and plotting to overturn his defeat in the 2020 election. Smith dropped both cases afterTrumpwon the 2024 election, citing aJustice Departmentpolicy against prosecuting a sitting president.

“If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether the president was a Republican or Democrat,” Smith told the committee, according to excerpts from his opening statement seen by Reuters.

His appearance at theCapitolcame after the Republican chair of theHouse Judiciary Committee, RepresentativeJim JordanofOhio, subpoenaed Smith for a closed-door deposition. Smith requested a public hearing.

Republican lawmakers have expressed outrage at disclosures that investigators sought information from a wide range of conservative organizations as part of the probe intoTrump’s efforts to overturn his 2020 election loss and also obtained limited cell phone data from eight Republican senators during the period around theJan. 6, 2021attack on theU.S. CapitolbyTrumpsupporters.

Trumpallies have pointed to those disclosures as evidence that Smith’s probe was overzealous and targeted the political opposition.

Smith has said his prosecutors followedJustice Departmentpolicy and were not influenced by politics. He told lawmakers in his opening statement that the records were “relevant to complete a comprehensive investigation.”

“PresidentTrumpand his associates tried to call Members ofCongressin furtherance of their criminal scheme, urging them to further delay certification of the 2020 election,” Smith said. “I didn’t choose those Members;PresidentTrumpdid.”