Jack Smith blasts Trump in House deposition: ‘Jan 6 Capitol Hill attack didn't happen without him’

Jack Smith tells House Trump was ‘central’ to Jan. 6 Capitol attack: Key revelations from deposition

Former US special counsel Jack Smith has defended his decision to bring two criminal cases against President Donald Trump, telling lawmakers in a closed-door deposition that his team had “proof beyond a reasonable doubt” in both the 2020 election interference and classified documents investigations.

A transcript and video of Smith’s December 17 deposition were released on Wednesday by the Republican-led House Judiciary Committee, marking Smith’s first appearance before Congress since stepping down last year.

‘Evidence-driven, not political’

During the day-long testimony, Smith firmly rejected Republican claims that the investigations were politically motivated or influenced by then-President Joe Biden or Attorney General Merrick Garland.

“No,” Smith repeatedly replied when asked whether political pressure played any role in his charging decisions.

“So in terms of why we would pursue a case against him, I entirely disagree with any characterization that our work was in any way meant to hamper him in the presidential election,” Smith said. “These crimes were committed for his benefit.”

Smith added that his office assessed the evidence as sufficient to win at trial, stating in his final report that “but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”

Focus on the election interference case

Just over an hour before Smith’s deposition began, the Justice Department informed his lawyers that he could not discuss the classified documents case, limiting his testimony largely to the 2020 election interference probe.

Smith confirmed that Trump “obstructed” the classified documents investigation “to conceal his continued retention of those documents,” but was unable to answer detailed questions due to the DOJ restriction.

Smith’s counsel said the department also declined to provide a lawyer to advise Smith during the testimony on what he could legally discuss.

‘The attack does not happen without him’

Smith told lawmakers that the January 6, 2021, attack on the US Capitol would not have occurred without Trump’s actions.

“The attack that happened at the Capitol, part of this case, does not happen without him,” Smith said. “The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy.”

He added that Trump knowingly spread false claims of election fraud and targeted a lawful government function.

“There is no historical analog for what President Trump did in this case,” Smith said. “He was 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 said Trump’s conduct both sparked and intensified the violence.

“He caused it and he exploited it and it was foreseeable to him,” Smith said, adding that Trump refused to act once the riot began and instead escalated tensions.

“He instead issued a tweet that without question in my mind endangered the life of his own vice president.”

The case was built on Republican witnesses

Smith emphasised that much of the prosecution’s evidence came from Republicans who supported Trump but later cooperated with investigators.

“Our case was built on, frankly, Republicans who put their allegiance to the country before the party,” he said.

He cited testimony from a Pennsylvania elector and former Republican congressman who described the attempt to overturn the election as illegal.

Smith said witnesses included Republicans who voted for Trump and campaigned for him, strengthening the credibility of the case.

Phone records and lawmakers questioned

Smith defended the decision to obtain phone toll records of GOP lawmakers who communicated with Trump on January 6, saying the responsibility lay with Trump.

“If Donald Trump had chosen to call a number of Democratic Senators, we would have gotten toll records for Democratic Senators,” Smith said.

He confirmed that only Representative Scott Perry’s phone was seized and denied seeking content from lawmakers’ text messages.

Smith also referenced testimony from former White House chief of staff Mark Meadows, who told investigators that Judiciary Committee chair Jim Jordan was in contact with the White House during the riot.

“I’ve never seen Jim Jordan scared of anything,” Meadows said, according to Smith.

Cases dropped after Trump’s return to office

Trump had denied wrongdoing in both cases, calling them a “witch hunt.” Smith ultimately dropped the prosecutions after Trump won the 2024 election, citing Justice Department policy barring the prosecution of a sitting president.

Smith told lawmakers he remains aware that Trump may seek retaliation.

“I came here. I was asked to come here,” Smith said.

The deposition offers the clearest public account yet of Smith’s justification for the most consequential criminal investigations ever brought against a US president.