Jack Smith Testifies on Trump Prosecutions

Former Justice Department Special Counsel Jack Smith defended his role in two criminal prosecutions against Donald Trump during a closed-door session with the House Judiciary Committee on December 17, 2025. Smith, who oversaw the cases as a special counsel, addressed accusations that the investigations were politically motivated.

The first indictment, filed in June 2023, alleged mishandling of classified information by Trump after leaving office. The second, issued in August 2023, accused the former president of attempting to overturn the results of the 2020 presidential election.

---

Smith’s Defense: Facts Over Politics

Smith emphasized that his decisions were based entirely on evidence and the law, not political affiliation.

“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 presidential election and to prevent the lawful transfer of power,” Smith said.

He rejected claims from the Republican-led committee that his work was politically biased, stating:

“I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 election… The basis of my prosecutions rests entirely with President Trump and his actions.”

Smith, a former International Criminal Court prosecutor, noted he would make the same prosecutorial decisions today regardless of the defendant’s party affiliation.

---

Closed-Door Testimony and Republican Criticism

Smith’s appearance followed a Republican-led subpoena issued on December 3, compelling him to provide documents and testify before the committee. Republicans, including committee chairman Jim Jordan, have repeatedly claimed the investigations were partisan efforts intended to hinder Trump’s 2024 campaign.

“This was political. This was about going after the Republican Party, and most importantly, it was about going after our candidate for president, President Trump,” Jordan told Fox News.

Despite requests to hold the hearing publicly, Smith’s testimony occurred behind closed doors. Portions of his opening statement, however, were shared with news agencies.

---

Context: Special Counsel Role and Aftermath

Smith was appointed as a special counsel in 2022 under former President Joe Biden to handle politically sensitive cases. Special counsels operate independently of the Justice Department to avoid conflicts of interest.

The prosecutions were ultimately dropped after Trump’s successful 2024 re-election, in accordance with DOJ policy prohibiting prosecution of a sitting president. Smith resigned in January 2025, shortly before Trump returned to office.

Trump has repeatedly called for Smith to face prosecution for his role in the cases, describing him as “deranged” and a “criminal” on his platform Truth Social.

---

Democratic Response

Democrats have urged the Trump administration to release Smith’s full report detailing the federal cases. Representative Jamie Raskin, the ranking Democrat on the Judiciary Committee, suggested Republicans opted for a closed hearing to limit public scrutiny:

“Had he testified in public, it would have been absolutely devastating to the president and all the president’s men involved in the insurrectionary activities on January 6, 2021.”

---

Conclusion

Jack Smith’s testimony reinforced the view that the prosecutions against Donald Trump were based on legal evidence rather than political motivations. The closed-door appearance highlights the ongoing tensions between congressional Republicans and Democrats over Trump’s actions before and after the 2020 election, as well as the broader scrutiny of presidential accountability in the United States.