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

Former special prosecutor Jack Smith has vigorously defended the decisions he made during the investigation of the president. Donald Trump after his first term, telling members of the House Judiciary Committee on Thursday that his team of prosecutors had uncovered “evidence beyond a reasonable doubt” that Trump had engaged in criminal activity.

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

Smith testified publicly for the first time Thursday about the dual special counsel investigation he led into Trump’s alleged efforts to overturn the 2020 election and Trump’s alleged retention of certain classified documents.

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Former US President Donald Trump and his lawyer Todd Blanche at Manhattan Criminal Court on May 30, 2024 in New York. (Michael M. Santiago/Pool via REUTERS)

Black-smith filed a complaint against Trump in both cases, but they were ultimately dropped after Trump’s re-election, in accordance with long-standing Justice Department guidelines.

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

But Smith said Thursday he had no qualms about the actions he took as special counsel, emphasizing that decisions made regarding political party were consistent with long-standing Justice Department policies.

The hearing became acrimonious at times, as House Judiciary Chairman Jim Jordan and other Republicans questioned Smith about some decisions he had made.

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

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

Republicans weighed in on that detail Thursday, calling the actions a “political weapon.” Smith, for his part, defended toll records as “common practice” in such investigations.

Smith previously said the Public Integrity Section signed off on the subpoenas, a point supported by previously released public documents.

Other Republicans called Smith’s actions “overly aggressive” and beyond the scope of his authority.

Rep. Kevin Kiley, R-Calif., meanwhile criticized Smith for trying to seek “maximum litigation advantage at every turn, and “repeatedly circumventing constitutional limitations to the point that he had to be reined in again and again throughout the process.”

Trump, in Davos, also spoke before the hearing.

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

Speaking at the World Economic Forum, Trump said “everyone now knows that” the 2020 election was “rigged” and promised that “people will soon be prosecuted for what they did.” He did not immediately elaborate.

Smith nonetheless sought to tell the panel of his belief that the special prosecutors had built a strong case against Trump.

“We observed legal requirements and took action based on the facts and the law,” Smith said, saying the decisions were made “without regard to President Trump’s political association.”

He also deplored the ouster of FBI agents and Ministry of Justice officials, including members of the special counsel who he says were fired or unfairly targeted during Trump’s first year back in office.

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President Donald Trump delivers a special speech during the annual meeting of the World Economic Forum (WEF) in Davos on January 21, 2026. The World Economic Forum takes place in Davos from January 19 to 23, 2026. (Mandel Morgan/AFP Getty Images)

Trump, he said, “sought revenge on career prosecutors, FBI agents and support staff simply for working on these cases.”

“Wanting to vilify and seek retaliation against these people is wrong,” Smith said. “These dedicated public servants are the best among us, and it has been a privilege to serve with them.”

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

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

The Justice Department also fired people who worked with Smith on the special counsel investigations, as 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 many of these experienced and dedicated law enforcement professionals have been laid off,” he said.