House panel deposes Jack Smith over Trump criminal cases

Ryan Tarinelli, CQ-Roll Call on Dec 17, 2025

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WASHINGTON — Former special counsel John L. “Jack” Smith sat for a closed-door deposition Wednesday with the House Judiciary Committee, defending his conclusion that President Donald Trump engaged in a criminal effort to overturn the 2020 presidential election, according to portions of his opening statement obtained by CQ Roll Call.

“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 presidential election and to prevent the lawful transfer of power,” Smith told the committee, according to the remarks.

The former special counsel also appeared to reject long-standing Republican criticisms that his investigation was driven by partisan politics, according to the remarks, asserting he made his “decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election.”

“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,” Smith said, according to the remarks.

Smith also said he took actions “based on what the facts and the law required,” according to the excerpts. “If asked whether to prosecute a former President based on the same facts today, I would do so regardless of whether the President was a Republican or Democrat.”

The House Judiciary Committee subpoenaed Smith as part of an investigation into the special counsel probe that led to two federal criminal cases against Trump. One case in Washington accused Trump of crimes tied to his attempt to overturn the 2020 election, while another in Florida accused him of illegally keeping classified documents after his first term.

Although the criminal charges were washed away in the aftermath of Trump’s reelection to a second term, the special counsel probe has remained a consistent source of criticism from Republican lawmakers, who have accused Smith of being a political actor.

Republican senators have said their call records were collected as part of an investigation called “Arctic Frost,” which lawmakers say formed the basis of Smith’s investigation into Trump’s attempt to overturn his loss in the 2020 election. The information sparked renewed criticism against Smith from conservatives.

Ahead of the deposition, Lanny Breuer, an attorney for Smith, on Wednesday said the former special counsel has faced a retribution campaign.

“In today testifying before this committee, Jack is showing tremendous courage in light of the remarkable and unprecedented retribution campaign against him by this administration and this White House,” Breuer said. “Let’s be clear: Jack Smith, a career prosecutor, conducted this investigation based on the facts and based on the law and nothing more.”

On Wednesday, lawmakers filtered in and out of a room in the Rayburn House Office Building for the deposition, with reporters and TV cameras parked outside the doors.

Judiciary Chairman Jim Jordan, R-Ohio, emerging from the deposition at one point, declined to go into the details of Smith’s testimony. “I think we’ve learned some interesting things,” he said.

Maryland Rep. Jamie Raskin, the committee’s top Democrat, also kept his comments about Smith’s testimony nonspecific. But he praised the former special counsel.

“I’ll just say that Jack Smith has just spent several hours schooling the Judiciary Committee on the professional responsibilities of a prosecutor and the ethical duties of a prosecutor,” Raskin said.

Rep. Pramila Jayapal, D-Wash., was among the lawmakers who gave more insight into the happenings inside the room.

“He mentioned time and time again that he was extremely upset with the vilification, the mischaracterizations of things that he has said or who he is, and mentioned that he really wanted to make sure to protect his prosecutors, as well as the line agents,” Jayapal said.

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