• Smith testified for approximately nine hours before House Judiciary Committee
  • Letter urges chairman Jim Jordan to release full videotape of deposition
  • Former special counsel says he stands by prosecutorial decisions against Trump

WASHINGTON, DC (TDR) — Former Special Counsel Jack Smith has demanded that House Republicans release the “full videotape” of his nine-hour testimony before the House Judiciary Committee earlier this month.

The letter, obtained by CBS’s Scott MacFarlane on Wednesday, was sent to the committee’s chairman, Representative Jim Jordan (R-OH). In it, Smith’s lawyers ask for the “prompt public release” of Smith’s testimony, during which he discussed his classified documents, obstruction of justice and election-tampering investigations into President Donald Trump.

Smith Defends Prosecutorial Record

Smith appeared before the committee on December 17 for a closed-door deposition that lasted approximately nine hours. His attorneys, Lanny Breuer and Peter Koski, wrote that Smith “welcomed this opportunity and hopes that it will serve to correct the many mischaracterizations about the work of the Special Counsel’s Office.”

“Mr. Smith respectfully requests the prompt public release of the full videotape of his deposition. Doing so will ensure that the American people can hear the facts directly from Mr. Smith, rather than through second-hand accounts.”

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In his opening statement to lawmakers, which was obtained by multiple news outlets, Smith defended his prosecutions of Trump and said he made decisions “without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election.”

The former special counsel told members he found “proof beyond a reasonable doubt” that Trump engaged in a “criminal scheme” to overturn the results of the 2020 election. He also stated that Trump “repeatedly tried to obstruct justice” to keep secret his retention of classified documents found during an FBI search of Mar-a-Lago.

Democrats Praise Closed-Door Testimony

Several Democrats who emerged from Smith’s interview said they could understand why Republicans did not want an open hearing based on what they characterized as damaging testimony about Trump.

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Representative Jamie Raskin (D-MD), the committee’s top Democrat, said sarcastically that Jordan “made an excellent decision in not allowing Jack Smith to testify publicly, because had he done so, it would have been absolutely devastating to the president and all the president’s men involved in the insurrectionary activities” of January 6, 2021.

“Jack Smith has just spent several hours schooling the Judiciary Committee on the professional responsibilities of a prosecutor and the ethical duties of a prosecutor,” Raskin added.

Republicans Conducted Private Deposition

Smith had offered in October to voluntarily answer questions in an open hearing before the House and Senate Judiciary Committees, but Jordan issued a subpoena demanding Smith’s testimony at a closed-door deposition instead.

Multiple prior Justice Department special counsels, including Robert Mueller, have testified publicly. Jordan wrote in his subpoena letter that the committee wants Smith to answer questions as part of a Republican investigation into what they claim were “politically motivated” prosecutions of Trump.

In his testimony, Smith said that if asked whether to “prosecute a former president based on the same facts today, I would do so regardless of whether the president was a Republican or Democrat.”

Ongoing Transparency Requests

Smith’s attorneys also reiterated their request for an “open and public hearing” where Smith could address lawmakers directly. The letter emphasized that “during the investigation of President Trump, Mr. Smith steadfastly followed Justice Department policies, observed all legal requirements, and took actions based on the facts and the law. He stands by his decisions.”

The testimony came the day after Senate Judiciary Chairman Chuck Grassley (R-IA) released emails between the FBI and Justice Department showing initial hesitation about executing a search warrant at Mar-a-Lago. Smith defended investigative steps taken by his team, including obtaining phone records of nine sitting Republican members of Congress as part of his probe related to the 2020 election.

Smith dropped the prosecution of Trump shortly after the president won the 2024 election, citing Justice Department policy against prosecuting sitting presidents. Both the classified documents case and the election interference case were brought to an end following Trump’s victory.

Jordan’s office has not yet publicly responded to Smith’s request for the release of the full videotape.

Should special counsels be required to testify publicly about their investigations, or do closed-door depositions better serve congressional oversight?

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