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The House Judiciary Committee on Wednesday released the full transcript and video of former special counsel Jack Smith’s closed-door deposition before the Republican-led panel earlier this month, making public more than eight hours of testimony detailing his criminal cases against President Donald Trump.
The release includes a 255-page transcript and video footage of Smith’s testimony. Smith had sought to testify publicly, but Republicans on the committee denied that request.
In the deposition, Smith described in extensive detail why he believed prosecutors had sufficient evidence to try — and convict — Trump on charges related to efforts to overturn the 2020 presidential election and the mishandling of classified documents.
During his opening statement, Smith told lawmakers his team found “proof beyond a reasonable doubt” that Trump engaged in a “criminal scheme” to obstruct the certification of the Electoral College vote on Jan. 6, 2021. Smith said Trump also “repeatedly tried to obstruct justice” in the classified documents case, echoing allegations previously outlined in federal court filings.
On the election interference case, Smith said Trump was “by a large measure the most culpable and most responsible person in this conspiracy,” adding that Trump continued to promote claims about voter fraud that were “so outlandish and so just fantastical” even after advisers and officials told him they were false.
The Judiciary Committee, chaired by Ohio Rep. Jim Jordan, a close Trump ally, is investigating Smith and his former office over the federal indictments brought against Trump following his first term in office.
Trump was charged in one case with improperly retaining classified documents after leaving the White House and in another with conspiring to overturn the 2020 election by spreading false claims of widespread voter fraud. Trump pleaded not guilty in both cases and denied wrongdoing. Both prosecutions have since been dismissed.
Since returning to office, Trump has repeatedly called for Smith to be investigated and prosecuted. Smith told lawmakers he would not be surprised if he himself were indicted by the Justice Department.
Smith was also asked whether Trump’s false statements about the 2020 election were protected by the First Amendment.
“Absolutely not,” Smith responded.
“There is no historical analog for what President Trump did in this case,” Smith said. “He was free to say that he thought he won the election. He was even free to say falsely that he won the election. But what he was not free to do was violate federal law and use knowingly false statements about election fraud to target a lawful government function.”
Smith testified repeatedly that prosecutors could show Trump knew his election fraud claims were untrue.
“When he was told that a fraud claim wasn’t true, he didn’t stop making it,” Smith said.
He cited false allegations involving dead voters, underage voters and noncitizen voters, saying the claims were often directed at urban areas in closely contested states Trump had lost. Smith said those claims were rebutted by Trump’s advisers and other officials, who told him they were false.
Smith also addressed Trump’s attacks on Justice Department career officials involved in the investigations.
“I am both saddened and angered that President Trump has sought revenge against career prosecutors, FBI agents, and support staff simply for doing their jobs,” Smith said, adding that those employees had been “wrongly vilified and improperly dismissed.”
Smith emphasized that his office operated without political motivation.
“I made it clear from the day that I began at the Special Counsel’s Office this was going to be a nonpartisan investigation,” he said. “Politics would play no role in it.”
As an example, Smith described removing an FBI agent from the investigation after learning the agent had exchanged emails arguing with family members about the Jan. 6 Capitol riot.
“Once I saw that or heard about that, I decided he could no longer work on this investigation,” Smith said.
