Jack Smith says he stands by his decision to bring criminal charges against Trump

Jack Smith warned that the rule of law was eroding, saying stability bred complacency and urging vigilance to protect democracy
UPDATED JAN 22, 2026
Former Special Counsel Jack Smith testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026 in Washington, DC (Getty Images)
Former Special Counsel Jack Smith testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026 in Washington, DC (Getty Images)

WASHINGTON, DC: Former Special Counsel Jack Smith told Congress on Thursday, January 22, that he stood by his decision to bring federal criminal charges against President Donald Trump, stressing that his work as a prosecutor was guided by evidence, not politics.

“As a prosecutor, I had no partisan loyalties,” Smith said in his opening statement to the House Judiciary Committee.

“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity. If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat,” he added.

Smith said Trump’s political views and candidacy played no role in his prosecutorial decisions, reiterating that no individual should be beyond the reach of the law.

WASHINGTON, DC - JANUARY 22: Former Special Counsel Jack Smith is sworn in before he testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026 in Washington, DC. Smith testified on his team's federal criminal investigations into President Donald Trump which included 2020 election interference and classified documents. (Photo by Al Drago/Getty Images)
Former Special Counsel Jack Smith is sworn in before he testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026, in Washington, DC (Al Drago/Getty Images)

Jack Smith warns of the erosion of rule of law

Smith also criticized what he described as efforts by the Trump administration to punish career attorneys, FBI agents and other Justice Department officials involved in his investigations.

“After nearly 30 years of public service, including in international settings, I have seen how the rule of law can erode,” Smith said. “My fear is that we have seen the rule of law function in our country for so long that many of us have come to take it for granted.”

“The rule of law is not self-executing, it depends on our collective commitment to apply it,” he added. “It requires dedicated service on behalf of others, especially when that service is difficult and comes with costs.”

WASHINGTON, DC - AUGUST 24:  Representative Jamie Raskin (D-MD), questions U.S. Postal Service Postm
Representative Jamie Raskin (D-MD) questions Postal Service Postmaster General Louis DeJoy during a hearing before the House Oversight and Reform Committee on August 24, 2020, on Capitol Hill in Washington, DC (Tom Williams-Pool/Getty Images)

Jamie Raskin praises Jack Smith and condemns election denial

Rep Jamie Raskin, the top Democrat on the House Judiciary Committee, praised Smith’s work and sharply criticized Trump’s efforts to overturn the 2020 election.

“Donald Trump says you’re a criminal and you belong in prison,” Raskin said. “Not because you did anything wrong, but because you did everything right. You pursued the facts, you followed the law.”

Raskin also rebuked Republicans who continued to promote false claims that the 2020 election was rigged, referring to the narrative as the “big lie,” and noting that some lawmakers “even in this room” continued to stand by it.

Raskin noted that four police officers who defended the US Capitol during the January 6, 2021, attack were present for the hearing: Aquilino Gonell, Harry Dunn, Daniel Hodges and Michael Fanone.

All four officers have since reportedly become outspoken critics of Trump and his role in the insurrection.

WASHINGTON, DC - JULY 28: Rep. Jim Jordan (R-OH) questions U.S. Attorney General William Barr during
Rep Jim Jordan questions Attorney General William Barr before the House Judiciary Committee hearing in the Congressional Auditorium at the US Capitol Visitors Center July 28, 2020, in Washington, DC (Getty Images)

GOP chair accuses Jack Smith of political targeting

House Judiciary Committee Chairman Jim Jordan opened the hearing by accusing Smith and other prosecutors of pursuing Trump for political reasons.

“It was always about politics and to get President Trump,” Jordan said, arguing that the criminal cases, impeachments and investigations were designed to block Trump’s return to office.

“There’s an election around the corner,” Jordan said. “He’s got to stop President Trump from running, tie him up in court. It was always about politics.”

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