Jack Smith Defends Trump Prosecutions in Released Deposition Transcript, With Public Testimony Set for Next Week

WASHINGTON, Jan. 20, 2026 — Former special counsel Jack Smith offered a forceful defense of his investigations into Donald J. Trump during a closed-door deposition before the House Judiciary Committee last month, asserting that evidence showed the president had engaged in a “criminal scheme” to overturn the 2020 election results. The Republican-led committee released a redacted transcript and video of the nearly eight-hour session on Dec. 31, 2025, shedding light on Smith’s rationale for the now-dismissed federal cases.

In his opening statement, Mr. Smith told lawmakers: “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.” He emphasized that the decision to prosecute was his alone, based on Trump’s actions and supported by grand juries in two jurisdictions, and that he had “zero regrets” about the charges. “If Trump didn’t want to be indicted, he shouldn’t have broken the law,” Mr. Smith added, according to the transcript.

Mr. Smith, who resigned in November 2025 after Mr. Trump’s re-election, led two federal cases against the president: one involving efforts to subvert the 2020 election and another related to the retention of classified documents at Mar-a-Lago. Both were dismissed by Attorney General Pam Bondi shortly after Mr. Trump took office, citing Justice Department policy against prosecuting a sitting president. He reiterated during the Dec. 17, 2025, deposition that he would bring the same charges today based on the facts, dismissing suggestions of political motivation.

The session, subpoenaed by Chairman Jim Jordan, Republican of Ohio, focused on allegations of Justice Department weaponization under the Biden administration. Republicans pressed Mr. Smith on issues like subpoenaing lawmakers’ phone records and potential First Amendment violations, with some questioning whether the prosecutions criminalized political speech. Mr. Smith defended his actions, noting he had offered to testify publicly but was required to appear in private. Critics, including some Democrats, have called the closed format a “travesty,” arguing for greater transparency.

Mr. Smith is scheduled to testify publicly before the same committee on Jan. 22, in a hearing titled “Oversight of the Office of Special Counsel Jack Smith.” The appearance follows his request for an open forum and comes amid ongoing scrutiny of his work. Committee Republicans have framed the inquiry as an examination of potential abuses, while Democrats view it as an opportunity to highlight evidence from the investigations.

The release has reignited debate over the cases, with some Republicans suggesting the hearing backfired by amplifying Mr. Smith’s unapologetic stance. Behind the scenes, Mr. Trump’s legal team has been active, though no public statements directly addressed the transcript.

In a related development, reports indicate the BBC may seek to subpoena Mr. Smith as a witness in Mr. Trump’s $10 billion defamation lawsuit against the broadcaster, filed in Florida federal court. The suit alleges defamation and unfair trade practices over a BBC documentary or reporting on Mr. Trump, seeking $5 billion for each claim. The BBC has moved to dismiss the case, but details on any subpoena for Mr. Smith remain unconfirmed. Mr. Trump’s lawyers have not commented on the potential involvement.

The White House referred questions to the Justice Department, which declined to comment on ongoing litigation. Mr. Smith’s representatives could not be reached for additional statements.

As Mr. Trump settles into his second term, the testimony underscores lingering partisan divides over accountability for the events surrounding Jan. 6, 2021, and the handling of classified materials. Political analysts suggest the public hearing could further polarize discourse ahead of the 2026 midterms.