The Republican-led United States House Judiciary Committee has issued a subpoena to former Department of Justice special counsel Jack Smith, who oversaw the two federal prosecutions of former President Donald Trump. The announcement came on Wednesday, 3 December 2025, despite Smith previously offering to appear voluntarily for an open hearing with the committee.

Committee Chairman Jim Jordan (R-OH) emphasized the importance of Smith’s testimony, citing his unique role in the investigations. In a formal letter to Smith, Jordan wrote:

“Due to your service as Special Counsel, the Committee believes that you possess information that is vital to its oversight of this matter.”

Smith has also been requested to produce documents and records for the committee, in addition to providing a closed-door interview later this month.

Background: Trump Indictments

Jack Smith led two federal cases against Trump:

1. Efforts to Overturn the 2020 Election Results: This case focused on Trump’s actions surrounding the January 6, 2021, Capitol riot, when his supporters stormed Congress.
2. Hoarding of Classified Documents: The second case involved allegations that Trump improperly retained classified government materials at his Florida resort.

Both cases were ultimately dropped after Trump’s re-election in November 2024, in line with longstanding Justice Department policy barring the prosecution of a sitting president. Trump has consistently described the indictments as part of a politically motivated “witch-hunt.”

Legal Team Responds

Smith’s legal team, led by attorney Peter Koski, criticized the private nature of the planned deposition, noting that the American public will not see the hearing. Koski said:

“We are disappointed that our offer for a public hearing was rejected. Jack looks forward to meeting with the committee to clarify misconceptions about his investigation.”

The Republican-led committee has been scrutinizing Smith’s investigative decisions, including the analysis of phone records of some lawmakers around the time of the January 6 riot. Smith’s lawyers stressed that the data contained only call metadata—time, date, and duration—not the content of conversations.

“Mr Smith’s actions as Special Counsel were consistent with the decisions of a prosecutor devoted to following the facts and the law, without fear or favor and without regard for political consequences,” Smith’s legal team wrote in October.

Trump’s Response

At a White House news conference on Wednesday, Trump renewed his attacks on Smith, calling him “a sick man”, but added that he would prefer a public testimony, suggesting that Smith would struggle to answer questions in an open forum.

The subpoena represents the latest escalation in Congressional oversight efforts by Republicans, who have been probing the prosecutorial decisions and investigative methods used during Smith’s tenure as special counsel. The closed-door nature of the testimony, however, has drawn criticism from those who argue for greater transparency in government investigations involving a former president.