Jack Smith: 'I'd Prosecute Trump Again Without Hesitation'
Jack Smith, the former special counsel tasked with investigating President Donald Trump, dropped a bombshell in a closed-door session with the House Judiciary Committee. He reportedly claimed his team had gathered "proof beyond a reasonable doubt" that Trump engaged in criminal conduct related to efforts to overturn the 2020 election and unlawfully retained classified documents at his Mar-a-Lago estate. But the story is far from simple. Behind the scenes, Smith insisted his prosecutions were based solely on facts and law, while Republicans fired back, accusing him of political bias and overreach.
Proof Beyond a Reasonable Doubt
Smith's testimony, delivered in a deposition on December 17, 2025, was a rare glimpse into the Justice Department's investigations that led to two separate indictments against Trump. According to portions of Smith's opening statement obtained by NBC News and AP News, his team uncovered "powerful evidence" that Trump criminally conspired to overturn the 2020 election results and "repeatedly tried to obstruct justice" by hoarding classified documents after leaving office.
Smith reportedly described how the classified documents were stored in unusual places at Mar-a-Lago, including a bathroom and a ballroom used for events. His team's findings were so compelling that he said he would prosecute a former president again under the same facts, regardless of political party. "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 lawmakers, as reported by NBC News.
Legal Soundness and Non-Partisanship
Smith emphasized that his decisions were made "without regard to President Trump's political association, activities, beliefs, or candidacy in the 2024 presidential election," as repoted by AP News. He framed the investigations as strictly fact-based and law-driven, reflecting his career-long commitment to prosecutorial ethics. His attorney, Lanny Breuer, praised Smith's courage amid what he called an "unprecedented retribution campaign" against him by the Trump administration and White House.
The former special counsel also defended the team's use of phone records from nine Republican lawmakers around the time of the January 6 Capitol riot. Smith said the records were "lawfully subpoenaed" and relevant to a "comprehensive" investigation into Trump's efforts to delay the certification of the election, as reported by NBC News.
Republican Pushback and Partisan Divide
Republicans on the committee, led by Chairman Jim Jordan of Ohio, have repeatedly criticized Smith's investigations as politically motivated. Jordan declined to discuss details of the deposition but called the probes "political" and accused Smith of prosecutorial misconduct and constitutional abuses, as reported by AP News.
The GOP's skepticism extended to the phone record subpoenas, which some Republicans portrayed as an overreach. Yet Smith stood firm, attributing the selection of lawmakers to Trump's own calls urging them to delay election certification. "I didn't choose those Members. President Trump did," Smith said, as reported by NBC News.
Closed-Door Testimony and Calls for Transparency
Smith had sought to testify publicly, but House Republicans refused, limiting his appearance to a private deposition. Afterward, Democrats like Rep. Jamie Raskin of Maryland praised the decision, saying a public hearing would have been "absolutely devastating" to Trump and his allies involved in the January 6 events, as reported by NBC News.
Smith's lawyers later sent a letter to Jordan requesting an open hearing, and the release of the full recording of Smith's testimony, so the public could hear directly from him rather than through "second-hand accounts," as reported by Axios.
The Fallout and Ongoing Battles
The investigations that Smith led resulted in two indictments against Trump: one for mishandling classified documents and another for conspiring to overturn the 2020 election. Both cases were dropped after Trump's re-election, citing Justice Department legal opinions that a sitting president cannot be indicted.
Meanwhile, the Trump administration has taken steps to discredit Smith's work, including firing career prosecutors and FBI agents linked to the investigations. Trump himself has called Smith a "criminal" who should be "investigated and put in prison," as reported by NBC News.
Republicans have also released internal FBI emails from before the Mar-a-Lago search, highlighting initial doubts about probable cause. However, these emails omit that agents later found boxes of classified documents, and the head of the FBI's Washington field office testified that probable cause existed by the time of the search.
The Deep Partisan Rift
The deposition underscored the deep partisan divide over Trump's legal troubles. Democrats demand transparency and full disclosure of Smith's findings, with Rep. Dan Goldman of New York insisting the American people "should hear for themselves," as reported by AP News.
Republicans, meanwhile, continue to frame the investigations as politically charged attacks, with Jordan refusing to rule out a public hearing but maintaining a skeptical stance.
What to Know
Jack Smith's testimony offers a rare window into the Justice Department's case against the President, revealing a complex legal and political drama that is far from over. Whether the public will get to hear Smith's full account remains to be seen, but the stakes are high in this ongoing saga of law, politics, and power.
References: Jack Smith tells House committee about his team's investigations of Trump | Jack Smith tells Congress he could prove Trump engaged in a 'criminal scheme' to overturn 2020 election | Facing Trump's wrath, Jack Smith requests public hearing in House GOP probe
