• Jack Smith told Congress that Republican allies of President Donald Trump were prepared to testify against him in the federal election interference probe
• The former special counsel defended his investigations during more than eight hours of closed-door testimony on December 17
• House Judiciary Committee released a 255-page transcript and video on New Year’s Eve showing Smith’s confidence in securing convictions

WASHINGTON (TDR) — Former special counsel Jack Smith revealed that Republican allies of President Donald Trump were willing to testify against him in the federal election interference investigation, according to a 255-page transcript released New Year’s Eve by the House Judiciary Committee. Smith mounted a forceful defense of his probe during more than eight hours of December 17 testimony, repeatedly stating he would have secured convictions at trial and warning that the president seeks retribution against him.

Republican Witnesses Built Core of Prosecution

Smith told lawmakers his election interference case relied heavily on testimony from Trump’s own political allies who rejected efforts to overturn the 2020 election results. Former Pennsylvania Congressman Thomas Marino, who agreed to serve as a Republican presidential elector, characterized Trump’s alleged scheme as an attempt to overthrow the government, according to Smith’s testimony.

“Our case was built on, frankly, Republicans who put their allegiance to the country before the party.”

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The former special counsel emphasized that these Republican witnesses represented the most powerful evidence against Trump because they faced potential backlash from their own party for cooperating with federal investigators. Smith said accounts from Republicans willing to stand against claims of election fraud created compelling testimony that would have resonated with juries.

Giuliani Disavowed Voter Fraud Claims

Among the Trump associates who cooperated with Smith’s investigation was Rudy Giuliani, Trump’s former personal attorney who publicly promoted election fraud conspiracy theories. Smith revealed that Giuliani disavowed numerous voter fraud claims during a recorded interview with federal investigators, describing them as mistakes or hyperbole.

Smith specifically mentioned Giuliani’s false accusations against Ruby Freeman, a Georgia election worker whom Giuliani falsely labeled a vote scammer. The former New York mayor was ordered to pay Freeman and another election worker nearly $150 million after spreading lies about their roles in the 2020 election.

“He claimed they were mistakes or hyperbole, even the claim about Ruby Freeman, where he basically destroyed this poor woman’s life by claiming she was a vote scammer.”

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Boris Epshteyn, another Trump associate, also spoke with Smith’s investigators according to the testimony. The special counsel told lawmakers he had sufficient evidence and did not need to charge lower-level conspirators to secure cooperation against Trump.

Smith Defends Prosecution Decisions

Smith repeatedly rejected Republican claims that his Trump investigations were politically motivated, stating he made decisions based solely on facts and law. The former special counsel told the committee he never spoke with President Joe Biden or White House officials about the Trump cases and would have accepted the role even if investigating a Democratic president.

The testimony occurred behind closed doors despite Smith’s request to testify publicly before Congress. Representative Jim Jordan, the Ohio Republican who chairs the House Judiciary Committee, subpoenaed Smith for a private deposition rather than allowing public testimony that previous special counsels received.

“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.”

Smith told lawmakers he developed proof beyond reasonable doubt that Trump engaged in a criminal scheme to overturn the 2020 election and repeatedly tried to obstruct justice in the classified documents case. Both prosecutions ended after Trump’s 2024 election victory due to Justice Department policy against indicting sitting presidents.

Capitol Riot Central to Election Case

The former special counsel described the January 6 Capitol attack as an assault on democratic structures in which over 140 law enforcement officers were injured. Smith characterized Trump as the most culpable and responsible person in the conspiracy to overturn election results, stating the riot would not have occurred without Trump’s actions.

Smith testified that Trump fostered distrust through false statements about election fraud, directed supporters to the Capitol, and refused to stop the attack until staff repeatedly pressured him to intervene. The special counsel said Trump’s conduct had no historical analog and went beyond protected First Amendment speech by using knowingly false statements to target lawful government functions.

Federal investigators documented Trump’s continued promotion of election fraud claims even after being informed they were false. Smith told the committee that when Trump learned a fraud claim was untrue, he did not stop making it, demonstrating knowledge of the false nature of his statements.

Congressional Phone Records Justified

Smith defended his team’s requests for phone records from members of Congress, a decision that outraged some Republican senators. The former special counsel explained that such requests are standard investigative tools critical to understanding White House communications with lawmakers before and during January 6.

The phone records did not include call or text content but showed when communications started and stopped and identified participants. Smith said the records helped establish which Trump inner circle members contacted Republican lawmakers and which senators Trump attempted to reach during the Capitol attack.

Investigators used the records to demonstrate that Trump associates told the president his election fraud claims were false, contradicting his public statements. The evidence showed Trump and alleged co-conspirators called senators on January 6 to persuade them to delay certification of election results.

Retribution Campaign Against Prosecutors

Smith testified he would not be surprised if the Justice Department indicted him, acknowledging an ongoing retribution campaign against officials involved in investigating Trump. The Trump administration has fired career prosecutors, FBI special agents, and support staff who worked on Smith’s team.

The president has repeatedly called Smith a criminal who should be prosecuted. The Office of Special Counsel, an independent watchdog, began investigating Smith in August, and the White House issued a presidential memorandum aimed at suspending security clearances for lawyers at the firm that represented Smith.

Democratic lawmakers who attended the closed-door testimony said Smith’s responses would have been devastating to Trump if delivered publicly. Representative Jamie Raskin of Maryland said Republicans made an excellent decision not allowing public testimony because it would have detailed Trump’s role in insurrectionary activities.

Limited Testimony on Classified Documents

Smith provided minimal information about the Mar-a-Lago classified documents case due to a court order from Judge Aileen Cannon preventing disclosure of details from the second volume of his final report. The Trump-appointed judge dismissed the classified documents case in July 2024, and Smith abandoned his appeal after Trump’s election victory.

Before the hearing, the Justice Department sent an email to Smith’s lawyers preventing him from discussing the classified documents investigation. This restriction meant Smith answered primarily questions about the election interference case rather than both investigations.

Should special counsels who investigate sitting presidents be required to testify publicly before Congress, or did Republicans protect Trump by keeping Smith’s testimony behind closed doors?

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