In his first public testimony on the criminal investigations into Donald Trump, former special counsel Jack Smith stated before a congressional committee that Trump bore primary responsibility for the violence that erupted during the January 6, 2021 attack on the US Capitol.
Smith told lawmakers that his investigative team had gathered “proof beyond a reasonable doubt” and amassed enough evidence to secure convictions against Trump in two felony cases: one examining Trump’s alleged efforts to overturn the 2020 U.S. presidential election, and another focused on accusations that he illegally retained classified documents after leaving office.
Although Trump pleaded not guilty in both cases, the prosecutions were ultimately dropped after he returned to the White House, in line with Justice Department policy restricting criminal proceedings against a sitting president.
The hearing marked Smith’s first public appearance addressing the investigations. While transcripts of his earlier private testimony—spanning 255 pages—were released on New Year’s Eve by a Republican-led committee, Thursday’s five-hour session offered lawmakers and the public their first direct opportunity to hear Smith’s perspective in open session.
Smith Stands by His Decision to Prosecute
During questioning, Smith said he does not regret bringing charges against a former president and insisted that his actions were driven by evidence, not political affiliation.
“If asked whether to prosecute a former president based on the same facts today, I would do so regardless of party,” Smith told lawmakers. “No one should be above the law in our country.”
He described the evidence in the election interference case as “overwhelming,” asserting that Trump was “by a large measure, the most culpable and responsible person” in the alleged conspiracy.
Smith further argued that the January 6 Capitol riot would not have occurred without Trump, stating that other participants acted in his political interest.
“The attack at the Capitol does not happen without him,” Smith said. “The other co-conspirators were doing this for his benefit.”
Fears of Retaliation and Political Pressure
Smith also addressed concerns that he could face legal or political retaliation following the investigations. When asked whether he expects to be indicted, he suggested pressure could come from within the Justice Department under Pam Bondi, citing her political ties to Trump.
“I believe they will do everything in their power to target me,” Smith said, noting that Trump’s public attacks are meant to intimidate.
Smith, who was appointed by former Attorney General Merrick Garland, said he would not be deterred, adding that such rhetoric may also serve as a warning to others who challenge political power.
A federal inquiry into Smith’s conduct remains ongoing, though the overseeing ethics office lacks authority to file criminal charges and can only recommend disciplinary action or refer findings to prosecutors.
A Deeply Partisan Clash Over January 6
The hearing underscored persistent political divisions over the January 6 attack.
- Republican lawmakers framed the prosecutions as partisan targeting of Trump
- Democratic members emphasized Trump’s alleged role in inciting unrest and praised Smith’s investigations
Tensions escalated when Republican Rep. Troy Nehls suggested responsibility for the Capitol breach rested with Capitol Police leadership, not Trump.
“You were unprepared to deal with that day,” Nehls told officers who had defended the Capitol, sparking audible reactions from the audience.
Four former Capitol Police officers seated behind Smith—vocal critics of efforts to downplay the riot—reacted strongly as lawmakers debated accountability.
Smith Condemns Trump’s Mass Pardons
Smith was also questioned about Trump’s mass pardon of more than 1,000 individuals convicted or accused of January 6–related crimes, including assaults on law enforcement.
“I do not understand why you would mass pardon people who assaulted police officers,” Smith said. “There will be more crimes committed by some of these individuals in the future.”
After concluding his testimony, Smith shook hands with the four former Capitol officers, a moment seen as symbolically affirming their role during the unrest.
Trump Responds in Real Time
While Smith testified, Trump—returning from the **World Economic Forum in Davos—posted multiple reactions on Truth Social, attacking Smith and accusing him of conducting unfair prosecutions.
“Deranged Jack Smith is being DECIMATED before Congress,” Trump wrote, later calling him “a deranged animal who shouldn’t be allowed to practice law.”
Trump urged the Justice Department to investigate Smith and criticized Democrats for what he described as political persecution.
Conclusion
Jack Smith’s testimony reignited national debate over presidential accountability, January 6, and the limits of prosecuting former leaders. While the hearing revealed little new legal evidence, it exposed enduring political fractures over Trump’s legacy, law enforcement, and the rule of law in the United States.
Whether the testimony influences future legal or political action remains uncertain, but it has once again placed Trump, January 6, and executive accountability at the center of American public discourse.
