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Former Special Counsel Jack Smith Testifies Before Congress

January 22, 2026

Jack Smith testified publicly before the House Judiciary Committee on January 22, 2026, defending his investigations into President Trump across roughly five hours of sometimes heated questioning, a month after a closed-door appearance before the same committee. "Donald Trump is the person who caused January 6," Smith stated, adding "No one should be above the law." Chairman Jim Jordan (R-OH) framed the prosecutions as political; Ranking Member Jamie Raskin (D-MD) defended Smith's conduct. Trump responded on social media calling for Smith's prosecution. The federal cases against Trump were dropped after his 2024 election victory per DOJ policy barring prosecution of sitting presidents. Six months later, on July 22, 2026, Jordan formally referred Smith to the Justice Department for possible prosecution over alleged false statements in that testimony, a move Raskin called baseless and vindictive. On Sept. 29, 2026, Smith testified publicly before the Senate Judiciary Committee at a hearing Chairman Chuck Grassley (R-Iowa) titled "Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters." Republicans focused on Arctic Frost, the FBI inquiry that preceded Smith's election case, and on his team obtaining toll records of Republican lawmakers' phones and the content of some members' texts to White House staff. House Judiciary Chairman Jim Jordan had referred Smith to the Justice Department in July, alleging he misled the House about those texts. Smith said he stood by both indictments and would not be "silenced by the continued threats of prosecution." Ranking member Dick Durbin (D-Ill.) noted that Smith had offered to testify publicly for more than a year.

13
Statements Recorded
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13 Statements

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You have done an enormous damage, and I believe your conduct represents the most egregious abuse of power in the history of the Department of Justice.

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For a U.S. senator to have false information and imply, based on a confusion about the name of a team, which I knew, knowing my Midwestern sports, and imply that you were in another city, that you were somehow involved that day in what was happening in Georgia, and then call you a dirtbag is something that deserves an apology.

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[Before the hearing:] Jack Smith must answer for what he did to hundreds of Republican groups and individuals. The records made public to-date show rampant abuse of authority and political targeting β€” all on the taxpayers' dime. … [In his opening statement:] Jack Smith took partisanship to a new level. … [It] ultimately wasn't just about Trump. It was about partisan agents and prosecutors mapping out the Republican apparatus. … In the end, Mr. Smith indicted one person.

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This is gaslighting the American people. It has been going on for eight years. … [Republicans are] continuing to perpetuate the big lie in America that Donald Trump was somehow cheated out of a 2020 election. … We are using precious time of one of the most vaunted committees in American history, the Judiciary Committee, to perpetrate one of the biggest gaslighting attempts we have ever seen in our 250 years as a country.

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You caused my brother and a lot of other senators a lot of stress, and that makes me sick. You should be ashamed of yourself. … It's also a damn shame that you weaponized our legal system to do this. To go after a political opponent and his allies, including Lindsey, what a disgrace to our justice system and the Constitution that you would stoop this low. Shame on you!

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[Previewing the hearing on Sept. 28:] In 2020, President Trump spent months spreading the 'Big Lie' that the 2020 election was stolen… But instead of condemning this egregious criminal conduct… my Republican colleagues are spreading baseless conspiracy theories. … If this hearing was really about getting answers, Committee Republicans would be doing everything they could to obtain a copy of Volume II. … [In his opening statement on Sept. 29:] They held eight hearings on his supposed wrongdoing, never calling him directly. … President Trump demonstrated a wanton disdain for the laws of the United States, the will of the people, and our national security.

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When President Trump defeated Secretary Clinton, you were bitterly disappointed, weren't you? … You didn't tell him, did you? … But you're unbiased. You have no personal feelings. You make me want to throw up in my mouth. … Do you believe in the Tooth Fairy?

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I don't think you know that we have this stuff, so I'll give you a second to process it so you don't, you know, perjure yourself. … I think you've already perjured yourself. … You may think you're a hero in this story, but let me tell you something: you're the villain. You will go down as a total dirtbag.

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I stand by my decisions as Special Counsel, including my decision to bring charges against President Trump. I made these decisions without regard to President Trump's political association, activities, beliefs, or candidacy in the 2024 presidential election. … Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes. … 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. … I stand by my testimony before the House of Representatives. I will not be silenced by the continued threats of prosecution from the president or others. … [Of his former staff:] I'm extremely proud to have worked with them, and the fact that they have been targeted illegally, lost their jobs illegally, and had their lives turned upside down by this Department of Justice is an outrage.

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But Donald Trump says you're a criminal and you belong in prison. Not because you did anything wrong, mind you, but because you did everything right. You pursued the facts, you followed the law, you stuck with extreme caution to every rule of professional responsibility. You had the audacity to do your job.