Jack Smith defends his prosecutions of Trump in closed-door session in Congress
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Testifying behind closed doors, Smith also told the House Judiciary Committee that his team developed “proof beyond a reasonable doubt” that Trump took part in a criminal scheme to overturn the 2020 election. Investigators also had “powerful evidence” that Trump had willfully retained classified documents and tried to obstruct justice to hide that he had them.
“The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions,” Smith told lawmakers.
Smith appeared in private before the Republican-led committee in response to a subpoena after the panel rejected his offer to testify publicly about his investigations.
Those probes led to two criminal indictments against Trump: one for allegedly trying to overturn the 2020 election, and the other for allegedly obstructing justice and mishandling classified documents.
After Trump’s 2024 election win, the Justice Department dropped the election case and abandoned its appeal effort of a federal judge’s dismissal of the classified documents prosecution.
Trump and his allies, including GOP lawmakers on the panel, have long accused Smith of investigating Trump for political reasons — a claim Smith denied.
He also stood by his decision to pursue the cases.
“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 a Democrat,” he said.
Despite his appearance taking place behind closed doors, Smith will still be limited in what he can say. For example, he won’t be able to answer questions related to grand jury materials, which are still covered by secrecy rules.