Former Special Counsel Jack Smith faces GOP-led closed-door deposition over Trump cases

This article has been updated with new information about Jack Smith’s claims that Donald Trump sought to overturn the 2020 election

WASHINGTON, DC: Former special counsel Jack Smith arrived on Capitol Hill on Wednesday, December 17, to sit for a closed-door deposition before the House Judiciary Committee, marking his first appearance before Congress since stepping down ahead of President Donald Trump’s return to the White House.

Smith, who brought federal cases against Trump over classified documents and the 2020 election, is appearing under a subpoena issued by Judiciary Committee Chairman Jim Jordan.

Republicans say that the deposition is part of a broader inquiry into what they describe as the Biden Justice Department’s politicization of federal law enforcement. The former prosecutor resigned earlier this month, days before Trump was sworn in for a second term.

Subpoena forces testimony after months of GOP demands

Republicans in both chambers of Congress had pressed Smith for testimony for months before Jordan issued the subpoena compelling his appearance.

While Smith had previously signaled openness to a public hearing, committee leaders opted for a closed-door deposition, which allows extended questioning without the five-minute limits imposed in televised sessions.

Committee aides said the format would give lawmakers greater opportunity to probe investigative decisions without what Republicans describe as “camera-driven grandstanding.”

Focus on Mar-a-Lago search and phone subpoenas

Lawmakers are expected to question Smith about the August 2022 FBI search of Trump’s Mar-a-Lago residence, which was carried out despite objections from some FBI officials, according to congressional investigators.

Smith is also expected to face scrutiny over his office’s role in quietly obtaining phone metadata connected to Republican lawmakers during the probe into Trump’s post-2020 election actions.

The FBI’s Arctic Frost investigation ultimately seized phone records tied to at least eight GOP members of Congress and issued subpoenas to hundreds of Republican individuals and entities.

Senate Judiciary Chairman Chuck Grassley previously described the probe as a “fishing expedition” targeting the “entire Republican political apparatus.”

Jack Smith claims evidence showed ‘criminal scheme’ to overturn 2020 election

During the closed-door deposition, Smith told lawmakers that his team believed it had uncovered “proof beyond a reasonable doubt” that Trump engaged in what he described as a “criminal scheme” to overturn the 2020 election, according to portions of his prepared opening statement obtained by NBC News.

Smith also said prosecutors found evidence that Trump “repeatedly tried to obstruct justice” in connection with classified documents retained after leaving office, alleging that highly sensitive materials were stored at Trump’s Mar-a-Lago property in locations including a bathroom and a ballroom used for public events.

Addressing Republican criticism over his office’s decision to obtain phone metadata linked to GOP lawmakers, Smith told committee members the records were “lawfully subpoenaed” and relevant to completing a comprehensive investigation into post-election events.

Smith argued that the January 6, 2021, Capitol breach was exploited by Trump and his associates, alleging that outreach to members of Congress was part of an effort to delay certification of the election results.

“I didn’t choose those Members,” Smith said, according to the statement. “President Trump did.”

Smith emphasized that charging decisions were his responsibility, but stated that they were based solely on evidence returned by grand juries. No court ultimately adjudicated those claims after the cases were dismissed following Trump’s return to office.

He told lawmakers that he would make the same prosecutorial decisions “without fear or favor,” regardless of political party.

Republicans frame Jack Smith as symbol of DOJ weaponization

House Judiciary Republicans say Smith’s actions reflect broader institutional failures within the Biden-era Justice Department.

“What they did all along, everything was wrong,” Jordan told Politico ahead of the deposition. “A lot of things that were just not normal course of investigation or prosecution.”

Rep Troy Nehls of Texas was more blunt, saying Smith “needs to be held accountable” for what he described as misconduct tied to the Trump investigations.

Republicans argue the deposition is a critical step toward restoring trust in federal law enforcement following years of partisan conflict.

Democrats seek insight into abandoned investigations

Democrats on the Judiciary Committee say they want Smith to explain what evidence he gathered before the cases were halted following Trump’s reelection.

“We want to hear exactly what he found, and what he did,” said Rep Jamie Raskin, the panel’s top Democrat.

Peter Koski, a former senior DOJ official and member of Smith’s legal team, said Smith is prepared to outline the legal basis for his investigative steps, though he remains constrained by grand jury secrecy rules.

In an exit report released earlier this year, Smith claimed prosecutors believed the evidence was sufficient to secure convictions but acknowledged the cases could not proceed once Trump returned to office.

The deposition places Smith at the center of a renewed congressional battle over the conduct and legacy of the Trump prosecutions, as lawmakers prepare for additional hearings tied to federal oversight and accountability.