• Smith testified for nine hours about Trump election interference and classified documents cases
  • Republican-led committee released heavily redacted transcript following Smith’s public demand
  • Former prosecutor defended charging decisions and warned against DOJ politicization

WASHINGTON, D.C. (TDR) — The House Judiciary Committee released both video footage and a 255-page transcript of former Special Counsel Jack Smith‘s closed-door deposition on New Year’s Eve, providing the public its first look at nine hours of testimony about his investigations into President Donald Trump.

Committee Chairman Jim Jordan (R-OH) made the materials public after Smith’s attorneys sent a letter Dec. 24 demanding release of the full videotape. Smith had repeatedly requested to testify publicly, following the tradition of previous special counsels, but the Republican-majority committee declined and instead subpoenaed him for a private deposition Dec. 17.

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The transcript, posted online with numerous redactions, reveals Smith’s defense of his prosecutorial decisions and his stark warnings about efforts to politicize the Department of Justice. The testimony covers Smith’s twin investigations into Trump’s attempts to overturn the 2020 election and his handling of classified documents at Mar-a-Lago.

Smith Stands Behind Charging Decisions

Smith told lawmakers he would make the same charging decisions again if presented with identical facts, regardless of whether the president was Republican or Democrat. The career prosecutor emphasized his three decades of service under both Republican and Democratic administrations.

“The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions, as alleged in the indictments returned by grand juries in two different districts.”

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In his opening statement, Smith declared his office developed proof beyond a reasonable doubt that Trump engaged in a criminal scheme to overturn the 2020 presidential election results and prevent the lawful transfer of power. He also detailed what he called powerful evidence showing Trump willfully retained highly classified documents after leaving office in January 2021, storing them at his social club in locations including a ballroom and bathroom.

Smith emphasized he made investigatory decisions without regard to Trump’s political association, activities, beliefs or candidacy in the 2024 election. The special counsel said his actions were based on facts and law, following lessons learned early in his prosecutorial career.

Trump’s January 6 Tweet Endangered Pence

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The deposition included dramatic testimony about Trump’s actions during the Capitol attack on Jan. 6, 2021. Smith testified that Trump’s 2:24 p.m. tweet criticizing Vice President Mike Pence added danger to Pence’s life as the vice president was being evacuated to a secure location.

Trump’s tweet stated Pence didn’t have the courage to do what should have been done to protect the country and Constitution. Smith noted Trump sent this message while alone in his dining room, watching Fox News coverage of rioters who had already breached the Capitol building.

“It was at that point—alone, watching news in real time, and with knowledge that rioters had breached the Capitol building—that the defendant issued the 2:24 p.m. Tweet attacking Pence for refusing the defendant’s entreaties to join the conspiracy and help overturn the results of the election.”

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One minute after Trump posted the tweet, the Secret Service evacuated Pence to safety. When an aide informed Trump that the vice president had been taken to a secure location, Trump responded only with indifference, according to previous court filings.

Warnings Against DOJ Politicization

Smith used his testimony to deliver pointed criticism of efforts to politicize the Justice Department, specifically addressing the firing of prosecutors who worked on cases against Jan. 6 rioters or investigations into Trump and his allies. He called such actions contrary to the rule of law and contrary to American values.

The former special counsel warned against returning to what he called the patronage system, where government positions are awarded based on political allegiance rather than merit and expertise.

“If you take the position that you cannot work in the Federal Government unless you have a political allegiance to the President, I think there are many harms to that. Our country tried that in the past. It’s called the patronage system, and what we learned in our history—and this would be if it’s a Democrat or Republican—is that those systems are rife with not only corruption, but with incompetence.”

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Smith explained that career prosecutors serve as knowledge sources in the department across different areas and mentor young lawyers. When experienced prosecutors are removed for political reasons, he said, those young lawyers lose crucial guidance from professionals who have dedicated careers to learning national security law and proper investigative procedures.

The testimony emphasized that career prosecutors he has worked with under both Republican and Democratic administrations are not partisans. They chose careers focused on doing good work rather than making money or seeking fame, Smith said.

Republican Criticism and DOJ Investigation

Republican lawmakers have characterized Smith’s investigations as weaponization of the justice system against Trump and his allies. Jordan has been particularly critical of what he calls Smith’s prosecutorial misconduct and constitutional abuses.

The House Judiciary Committee chairman noted in October that the Justice Department’s Office of Professional Responsibility confirmed it had opened an inquiry into Smith’s office tactics. Jordan accused Smith of refusing to answer key questions during the deposition, including whether the classified documents investigation was intended to affect the 2024 presidential election outcome.

Smith was also questioned about three visits to the Biden-Harris White House, though portions of that testimony remain redacted in the public transcript. Judge Aileen Cannon‘s order prohibiting DOJ from divulging nonpublic information about the classified documents probe limited what Smith could discuss during the deposition.

Cases Dropped After Trump Victory

Both criminal cases Smith brought against Trump were dropped following Trump’s victory in the 2024 presidential election. The special counsel cited longstanding DOJ policy against indicting a sitting president as the reason for dismissing the charges.

The election interference case in Washington, D.C., and the classified documents case in Florida both ended without going to trial. Trump avoided prosecution despite grand jury indictments returned in two different federal districts.

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Smith’s attorneys, Lanny Breuer and Peter Koski, wrote to Jordan demanding prompt public release of the full videotape to ensure Americans could hear facts directly from Smith rather than through secondhand accounts. The lawyers reiterated their request for an open and public hearing, noting Smith steadfastly followed Justice Department policies and observed all legal requirements during his investigations.

Political Implications and Public Access

The release comes as Trump prepares to assume office for his second term as president. Trump has called for Smith to be prosecuted, making the former special counsel’s testimony a significant political risk.

Democratic lawmakers, including Rep. Dan Goldman (D-NY), advocated for public release of the deposition. Goldman stated there was no reason not to release the video and transcript, noting he was present during the testimony.

Some Republican lawmakers indicated they would not oppose public testimony. Rep. Kevin Kiley (R-CA) told reporters the day of Smith’s testimony that the unprecedented events warranted scrutiny from people on both sides who may have different reasons for their interest.

The 255-page transcript contains numerous redactions, marked by black boxes throughout the document. These redactions likely protect classified information, ongoing investigations and information subject to Cannon’s protective order regarding the classified documents case.

Will Smith’s testimony influence ongoing debates about Justice Department independence and prosecutorial accountability?

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