Jack Smith testimony will warn Americans not to take the rule of law ‘for granted’

WASHINGTON — Former special counsel Jack Smith will warn Americans not to take the rule of law for granted during his first public testimony before Congress about investigations of President Donald Trump, according to his prepared statement obtained by NBC News.

“I’ve seen how the rule of law can erode. My fear is that we’ve seen the rule of law operate in this country for so long that many of us have come to take it for granted,” Smith plans to tell members of the House Judiciary Committee.

“But the rule of law is not self-enforcing: it depends on our collective commitment to apply it. It requires dedicated service on behalf of others, especially when that service is difficult and involves costs,” he plans to say. “Our willingness to pay these costs is what tests and defines our commitment to the rule of law and to this wonderful country.”

Smith plans to tell Congress that his investigation has developed “proof beyond a reasonable doubt” that Trump “engaged in a criminal scheme” to overturn his 2020 election defeat, leading to the Jan. 6, 2021, riot at the U.S. Capitol.

Trump has denied any wrongdoing, calling the matters a politically motivated “witch hunt.”

Since returning to office, Trump has repeatedly called for Smith to be prosecuted.

The Judiciary Committee, led by Rep. Jim Jordan, R-Ohio, a top Trump ally, is investigating Smith and his former office over the indictments.

Smith has previously been questioned behind closed doors by members of Congress. Trump’s allies are expected to publicly pressure him over the investigations: one related to Trump’s handling of classified documents and another related to Trump’s efforts to overturn the 2020 election.

U.S. District Judge Aileen Cannon, a Trump appointee, threw out the classified documents case, ruling that Smith’s appointment was illegal. Smith dropped the election case after Trump’s 2024 re-election, citing Justice Department policy against prosecuting sitting presidents.

Republicans are also expected to focus Thursday on what they said was Smith’s attempt to curtail Trump’s First Amendment right to free speech.

During his closed-door testimony before the commission in December, Smith said Trump had the right to spread lies about the 2020 election, but not to try to defraud the government by using those lies to stay in power.

“As we said in the indictment, he was free to say he thought he won the election. He was even free to falsely say he won the election,” Smith said during his closed-door deposition. “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 office.”

Smith’s report finds that Trump “inspired his supporters to commit acts of physical violence” and told Congress he could prove Trump engaged in a “criminal plan” to overturn the 2020 election.

Karen Friedman Agnifilo, who worked alongside Smith as a prosecutor, said he was prepared for this high-pressure moment.

“You have the highest law enforcement officer in the country and the president of the United States basically saying they’re going to exercise their power against you, even though you’ve done nothing wrong,” she said. “But he’s pretty unflappable, and I think he’ll be able to sort things out.”

Michael Beys, who worked with Smith as a federal prosecutor and has known him for 25 years, said he expected Smith to behave in a manner consistent with his “high moral character” and respect for the rule of law.

“He’s someone who only knows how to tell the truth,” Beys said. “He was probably born that way, but he was also trained that way. »

On Thursday, Smith plans to say that Americans should “never forget” that 140 law enforcement officers were injured during the Jan. 6 riot, which followed Trump’s speech on the Ellipse near the White House.

“Rather than accept his defeat in the 2020 presidential election, President Trump engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power,” Smith plans to say, according to his remarks.

“President Trump attempted to induce state officials to ignore the actual vote count; fabricate fraudulent lists of presidential electors in seven states he had lost; force his own vice president to act in violation of his oath and further President Trump’s personal interests; and, on January 6, 2021, lead an angry mob to the United States Capitol to obstruct Congress’ certification of the presidential election and then exploit the violence rioters to delay it further,” Smith plans to say, according to his remarks.