Ex-Special Counsel Jack Smith presses for public release of his closed-door deposition tape

'Doing so will ensure that the American people can hear the facts directly from Mr Smith, rather than through second-hand accounts,' his attorney said
UPDATED DEC 24, 2025
Jack Smith’s lawyers argued that selective leaks distorted his nine‑hour deposition, while Jim Jordan defended closed‑door interviews as a way for Republicans to gather facts before release (Getty Images)
Jack Smith’s lawyers argued that selective leaks distorted his nine‑hour deposition, while Jim Jordan defended closed‑door interviews as a way for Republicans to gather facts before release (Getty Images)

WASHINGTON, DC: Former special counsel Jack Smith on Wednesday, December 24, urged House Republicans to release the full videotape of his closed-door testimony before the House Judiciary Committee, saying that the public should hear his remarks directly rather than through selective accounts.

Smith’s request was made in a letter obtained by CBS News and sent by his attorneys, Lanny Breuer and Peter Koski, to Judiciary Committee Chairman Jim Jordan, a Republican from Ohio.

The demand followed Smith’s nearly nine-hour deposition before the GOP-led panel last week, during which he answered questions related to his investigations into President Donald Trump.



Jack Smith requests public release of testimony

In the letter, Smith’s attorneys asked for the prompt release of the full recording, arguing that transparency would prevent what they described as mischaracterizations of Smith’s testimony.

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

WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Photo by Drew Angerer/Getty Images)
During his nine-hour testimony, Jack Smith reportedly told lawmakers that he had 'proof beyond a reasonable doubt' of Trump's criminal conspiracy to overturn the 2020 election (Drew Angerer/Getty Images)

The attorneys added that Smith welcomed the opportunity to testify and said that a full release of the video would help clarify the work of the special counsel’s office.

They wrote that Smith hopes the footage would "serve to correct the many mischaracterizations about the work of the Special Counsel’s Office."

Jim Jordan says closed‑door interview ensured efficiency

Smith was subpoenaed by the Judiciary Committee as part of a broader Republican investigation into what the panel described as the "weaponization" of the Justice Department.

Chairman Jordan opted to conduct the interview behind closed doors rather than hold a public hearing, despite Smith previously offering to testify in an open setting.

WASHINGTON, DC - NOVEMBER 13: Rep. Jim Jordan (R-OH) questions top U.S. diplomat in Ukraine William
Chairman Jim Jordan subpoenaed Jack Smith for a closed-door deposition, rejecting the former Special Counsel's initial offer to testify in public (Getty Images)

According to reports citing leaked transcripts, Smith told lawmakers during the private session that his office had obtained "proof beyond a reasonable doubt" that Trump had "criminally" conspired to overturn the 2020 election results.

"The decision to bring charges against President Trump was mine," Smith told the committee, according to those transcripts. "We took actions based on what the facts and the law required."

Jordan has defended the committee’s process, saying that closed-door interviews allow lawmakers to gather information more efficiently before deciding what material should be released publicly.

U.S. President Donald Trump takes a question from a reporter in the Roosevelt Room of the White House on March 3, 2025 in Washington, DC. Trump announced that Taiwan Semiconductor Manufacturing Company, one of the largest manufacturers of semiconductor chips, plans to invest $100 billion in new manufacturing facilities in the United States. (Photo by Andrew Harnik/Getty Images)
President Donald Trump takes a question from a reporter in the Roosevelt Room of the White House on March 3, 2025, in Washington, DC (Andrew Harnik/Getty Images)

Jack Smith stands by his actions as scrutiny continues

Smith’s attorneys emphasized in the letter that he continues to stand by the decisions made during his tenure as special counsel. 

"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," the attorneys wrote. "He stands by his decisions."

FORT WAYNE, IN - NOVEMBER 05:  U.S. President Donald Trump arrives at a campaign rally for Republica
 Although the federal cases against Donald Trump have ended, Jack Smith's testimony provides a detailed account of the evidence collected during the investigation (Getty Images)

The letter also renewed Smith’s request for an open and public hearing, indicating that he remains willing to testify again if the committee agrees to do so on camera.

The criminal cases brought by Smith were later dismissed following Trump’s election victory, ending the prosecutions but leaving broader political disputes over the investigations unresolved.

The Judiciary Committee has not publicly indicated whether it plans to release the full videotape of Smith’s testimony.

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