Jack Smith says Trump ‘willfully’ broke law in heated House testimony

Former Special Prosecutor Jack Smith vigorously defended the decisions he made in investigating the president Donald Trump After his first term He told members of the House Judiciary Committee on Thursday that his team of prosecutors had discovered “proof beyond a reasonable doubt” that Trump was involved in criminal activity.

“Our investigation has found evidence beyond a reasonable doubt that President Trump is engaged in criminal activity,” Smith said. “If I were asked whether I would prosecute a former president based on the same facts today, I would do so — regardless of whether that president was a Republican or a Democrat,” Smith said.

Smith testified publicly for the first time Thursday about the special counsel’s dual investigation that led him to look into Trump’s alleged efforts to subvert the 2020 election and Trump’s alleged keeping of some classified documents.

Jack Smith has been called to depose before the House Judiciary Committee

Smith Trump has been charged Either way, but they were eventually dropped after Trump’s re-election, in keeping with long-standing Justice Department guidance.

Smith resigned shortly after Trump was elected to a second term in 2024.

But Smith said Thursday that he had no second thoughts about the actions he took as special counsel, stressing that the decisions made were related to political party and consistent with long-standing Justice Department policies.

The hearing became acrimonious at times, with House Judiciary Chairman Jim Jordan and other Republicans questioning Smith about some of the decisions he made.

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Special Counsel Jack Smith arrives to deliver remarks on the recently unsealed indictment, including four criminal charges against former President Donald Trump in Washington, DC. (Drew Angerer/Getty Images)

One area of ​​focus was his decision to access the so-called “fee records” of some Republican lawmakers during the investigation. Unlike wiretaps, toll logs are phone records that reveal incoming and outgoing callers’ phone numbers, as well as the time and duration of calls.

Republicans focused on these details on Thursday, criticizing these actions and describing them as a “political weapon.” For his part, Smith defended the fee records, calling them “common practice” in such investigations.

Smith previously said the Public Integrity Division had signed off on the subpoenas, a point confirmed by previously released public records.

Other Republicans attacked Smith’s actions as “overly aggressive” and beyond his authority.

Meanwhile, California Republican Rep. Kevin Kelly criticized Smith for trying to gain “maximum litigation advantage at every turn,” and “repeatedly circumventing constitutional constraints to the point where you had to be repeatedly reined in throughout the process.”

Trump also weighed in at Davos before the session.

House Judiciary Committee Chairman Jim Jordan, R-Ohio, listens as Attorney General Merrick Garland appears before a House Judiciary Committee hearing, Wednesday, September 20, 2023, on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite)

Speaking at the World Economic Forum, Trump said that “everyone knows now that” the 2020 election was “rigged,” and vowed to “soon bring people to justice for what they did.” He did not immediately provide details.

However, Smith sought to convey to the committee his belief that prosecutors had built a strong case against Trump.

“We noticed Legal requirements “We took action based on the facts and the law,” Smith said, explaining that the decisions were made “without regard to President Trump’s political affiliation.”

He also expressed regret over the overthrow of FBI agents Ministry of Justice Officials, including members of the special counsel who he said were fired or unfairly targeted in Trump’s first year back in office.

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President Donald Trump delivers a special address during the annual meeting of the World Economic Forum (WEF) in Davos on January 21, 2026. The WEF will be held in Davos from January 19 to 23, 2026. (Mandel Maghan/AFP Getty Images)

He said Trump “sought retaliation against prosecutors, FBI agents and support staff simply for their work on these cases.”

“Damending these people and seeking revenge against them is wrong,” Smith said. “These dedicated public servants are the best of us, and it has been an honor to serve with them.”

Thousands of FBI employees were forced in February to fill out a sprawling questionnaire asking employees detailed questions about any role they may have played in the investigation into the Jan. 6, 2021, U.S. Capitol riot — from whether they have testified in any criminal trials to the last time they participated in activities related to the investigation.

In the months that followed, a handful of employees involved in the Jan. 6 investigations were abruptly fired as part of an effort that individuals familiar with the action described to Fox News as an act of “retaliation.”

The Justice Department also fired individuals who worked with Smith on the special counsel’s investigations, Smith noted Thursday.

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“In my opinion, these people are the best public servants, our country owes them a debt of gratitude, and we are all less safe because so many of these experienced and dedicated law enforcement professionals have been fired,” he added.