Jack Smith Defends Jan. 6 and Classified-Documents Probes in Tense House Judiciary Hearing. OCD

Jack Smith Defends Jan. 6 and Classified-Documents Probes in Tense House Judiciary Hearing

Why Jack Smith Says the Trump Case Is Different: Witnesses, Warnings, and  What Comes Next

WASHINGTON, Jan. 23, 2026 — Former special counsel Jack Smith delivered a forceful and unapologetic defense of his two federal investigations into President Donald J. Trump during more than four hours of public testimony before the Republican-led House Judiciary Committee on Wednesday, asserting that evidence showed Mr. Trump bore primary responsibility for a criminal scheme to obstruct the certification of the 2020 presidential election.

In his opening statement and under pointed questioning from both parties, Mr. Smith repeatedly emphasized that the Jan. 6 indictment charged Mr. Trump alone because he was “by a large measure the most culpable and most responsible person in this conspiracy.” He told lawmakers that the attack on the Capitol “does not happen without him” and that other participants acted “for his benefit.” When asked directly whether he would bring the same charges today based on the same facts, Mr. Smith answered without hesitation: “Yes.”

The hearing, titled “Oversight of the Office of Special Counsel Jack Smith,” was the first public appearance by the former prosecutor since he resigned in November 2025 following Mr. Trump’s election victory. Republicans, led by Chairman Jim Jordan of Ohio, framed the session as an examination of alleged politicization of the Justice Department under the Biden administration. Democrats used the platform to highlight what they described as overwhelming evidence of wrongdoing that was halted only by Mr. Trump’s return to office.

Mr. Smith, speaking in measured tones, rejected accusations of bias or overreach. He explained that the decision to indict Mr. Trump stemmed from evidence gathered through grand juries in two jurisdictions and was grounded in federal statutes on obstruction of an official proceeding, conspiracy to defraud the United States, and conspiracy against rights. He noted that his team had identified six unindicted co-conspirators in the election case but chose not to name them publicly, consistent with Justice Department policy protecting individuals not charged.

On the classified-documents investigation, Mr. Smith confirmed that the case against Mr. Trump had been “very strong” before it was dismissed by Attorney General Pam Bondi shortly after inauguration, citing longstanding department guidance against prosecuting a sitting president. He declined to discuss sealed portions of his final report, including Volume II, which remains under court seal pending related proceedings against co-defendants Waltine Nauta and Carlos De Oliveira.

Legal expert has theory why Supreme Court rejected Jack Smith's request

The testimony grew tense during exchanges with Republican members. Mr. Jordan and others pressed Mr. Smith on the use of subpoenas for congressional phone metadata during the Jan. 6 probe, the decision to pursue charges despite DOJ policy debates, and perceived inconsistencies in how similar conduct has been treated in past administrations. Mr. Smith maintained that all actions were reviewed and approved by career prosecutors and judges, and that non-disclosure orders on subpoenas were necessary to prevent potential obstruction.

Democrats, including Ranking Member Jamie Raskin of Maryland, praised Mr. Smith’s restraint and professionalism, contrasting his demeanor with what they called inflammatory rhetoric from the administration. Mr. Raskin asked Mr. Smith whether anyone should be “above the law”; the former prosecutor replied simply, “No.”

The hearing drew significant online attention, with clips circulating widely on social media. Some posts described Mr. Smith’s statements as a “bombshell” or “unrelenting,” while others framed the session as a partisan attack on the former prosecutor. No evidence emerged during the testimony of new, previously undisclosed evidence or a sudden “historic legal reckoning.” The investigations concluded without trial after the cases were dismissed.

The White House issued a brief statement calling the hearing “another chapter in the Democrats’ endless witch hunt” and reiterating that Mr. Trump had been vindicated by the dismissals. Mr. Trump himself posted on Truth Social afterward, labeling Mr. Smith “a deranged prosecutor” and the proceedings “a disgrace.”

Legal analysts noted that Mr. Smith’s testimony, while forceful, largely restated positions already public from court filings, the redacted final report released in January 2025, and earlier briefings. With the criminal cases closed and no active federal prosecutions against Mr. Trump, the hearing’s impact is likely to remain political rather than legal, feeding partisan narratives ahead of the 2026 midterm elections.

The full transcript and video of the hearing are available on the House Judiciary Committee website. No further public appearances by Mr. Smith are scheduled.

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