Jack Smith tells Congress he could prove Trump led criminal scheme to overturn 2020 election

WASHINGTON, DC: Former Special Counsel Jack Smith testified before the Republican-led House Judiciary Committee, stating that his investigative team obtained evidence showing that President Donald Trump engaged in a criminal scheme to overturn the results of the 2020 presidential election and obstruct the lawful transfer of power.

Smith appeared for a closed-door deposition after being subpoenaed by House Judiciary Committee Chairman Jim Jordan, R-Ohio, as part of a broader Republican probe into the Justice Department and the former special counsel’s work.

Jack Smith outlines evidence tied to 2020 election interference

During his testimony on Wednesday, December 17, Smith told committee members that his office uncovered proof beyond a reasonable doubt that Trump participated in a coordinated effort to overturn the election results.

Smith also said Trump repeatedly attempted to obstruct justice, including actions taken to conceal classified materials discovered during an FBI search of Trump’s Mar-a-Lago property in Florida.

According to Smith, investigators found “powerful evidence” indicating that Trump willfully retained highly classified documents after leaving office in January 2021. The materials were stored in unsecured locations at Mar-a-Lago, including a ballroom and a ballroom frequently used for events and gatherings.

Republican investigation and legal status of Trump cases

Jordan subpoenaed Smith as part of Republican efforts to scrutinize the special counsel’s authority, methods, and decision-making.

Smith’s investigation resulted in Trump being indicted twice: once in the classified documents case and once in the federal election interference case related to the 2020 election.

The classified documents case was dismissed in July 2024 by Trump-appointed US District Judge Aileen Cannon. The election interference case was dropped in November 2024 after Trump won re-election, following a Justice Department policy against prosecuting a sitting president.

Responses from lawmakers and Jack Smith’s legal team

Following the hearing, House Judiciary Committee ranking member Jamie Raskin, D-Md., criticized the decision to keep Smith’s testimony private, remarking that public testimony would have been politically damaging for Trump and his allies connected to the events of January 6.

Smith’s attorney, Lanny Breuer, defended his client’s cooperation with the committee, telling reporters that Smith showed “tremendous courage” amid what he described as an unprecedented campaign of political retaliation.

Smith also pushed back against criticism over his team’s decision to obtain phone records belonging to nine Republican members of Congress, stating the records were lawfully subpoenaed and relevant to completing a comprehensive investigation.

Referring to the January 6 Capitol riot, Smith said the attack targeted the foundations of American democracy and resulted in assaults on more than 100 law enforcement officers. He added that Trump and his associates later contacted members of Congress to delay certification of the election results.

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