In a historic and heated Capitol Hill hearing, former Special Counsel Jack Smith testified that Donald Trump engaged in criminal activity, defending his now-dropped prosecutions of the ex-president for efforts to overturn the 2020 election and mishandle classified documents. The public testimony, Smith’s first since the cases were rendered moot by Trump’s return to office, ignited fierce partisan debate, with Republicans accusing him of political bias and Democrats lauding his commitment to the rule of law.
Smith, appointed by former Attorney General Merrick Garland during the Biden administration, told the House Judiciary Committee that his investigations had developed “proof beyond a reasonable doubt” of Trump’s criminal conduct. He asserted that Trump was “the most culpable and most responsible person” in the conspiracy to subvert the election, and that the January 6, 2021, Capitol attack “does not happen without him.” Smith emphasized that he would prosecute any former president under similar circumstances, regardless of party, stating, “No one should be above the law in our country.”
The hearing saw Republicans, including Chairman Jim Jordan, aggressively question Smith’s methods, such as his team’s collection of cell phone records from members of Congress like Sens. Lindsey Graham and Josh Hawley. Smith defended this as a “normal practice” in conspiracy investigations, while rebuking what he called “false and misleading” narratives spread by Trump and his allies. GOP lawmakers argued the prosecutions were partisan attacks aimed at derailing Trump’s political comeback, with some, like Rep. Troy Nehls, blaming the Capitol Police for the January 6 violence rather than Trump.
Democrats, led by Rep. Jamie Raskin, praised Smith for acting “based solely on the facts” and criticized Trump for seeking “political vendetta.” The partisan divide was starkly illustrated when Nehls addressed four former Capitol Police officers in attendance, prompting one officer, Michael Fanone, to respond with a profane gesture. Smith later shook hands with the officers, who have been vocal about their frustrations over how the insurrection has been portrayed by Trump and his supporters.
Trump, who was returning from a trip to Davos, Switzerland, monitored the hearing and posted on Truth Social, calling Smith “deranged” and accusing him of destroying “many lives under the guise of legitimacy.” He urged Attorney General Pam Bondi, a close ally, to investigate Smith, signaling potential retribution if he remains in power. Smith predicted that the Justice Department under Trump would do “everything in their power” to indict him, as ordered by the president, but vowed not to be intimidated.
The testimony came after a closed-door deposition in December 2025, whose transcripts were released on New Year’s Eve. Both cases against Trump—one for election interference and another for retaining classified documents—were dropped once he reassumed the presidency in 2025, but Smith maintained that the evidence was overwhelming and could have secured convictions. He expressed bafflement at Trump’s mass pardon of over 1,000 individuals convicted or accused of crimes related to January 6, saying, “I do not understand why you would mass pardon people who assaulted police officers.”
Smith’s appearance underscores the deep legal and political fissures in the U.S., with implications for the integrity of future investigations into high-profile figures. As Trump continues to target his critics, the hearing sets the stage for ongoing confrontations over accountability and the rule of law, with Smith’s legacy and the fallout from January 6 likely to remain central to American politics in the coming years.
