Jack Smith, the special counsel investigating Donald Trump, testified today before the House Judiciary Committee. His report provides the clearest, on-the-ground account of Trump’s attempts to overturn the results of the 2020 election. On Tuesday, this was the first time that Smith spoke in detail about his ongoing criminal investigation. It’s about—yes, you guessed it—Trump keeping classified documents and attempting to subvert the election process.
Appointed to his position in late 2022, Smith has come under fire for his choices—most notably for trumpeting an indictment of Trump himself. He truly believes in those decisions. He claims that his investigation has found sufficient evidence to convict Trump’s criminal behavior beyond a reasonable doubt.
In his testimony, Smith pointed out the need for targeted investigative tactics. He urged them to get phone records from the few remaining friendly senators who’d been in contact with Trump. He justified the use of foreign intelligence metadata to track phone calls by Trump-aligned lawmakers. In doing so, he rejected Republican arguments that such public records are protected from disclosure by the First Amendment.
“He was free to say that he thought he won the election – he was even free to say falsely that he won the election,” – Jack Smith
Smith emphasized the boundaries of lawful conduct, stating, “What he was not free to do was violate federal law and use knowingly false statements about election fraud to target a lawful government function.”
Smith’s investigation is twofold. It provides an in-depth look at Trump’s handling of classified documents at his Mar-a-Lago estate. It further examines his alleged efforts to subvert the election’s certified results. Smith declined to elaborate on the particulars of the classified documents case. To support his argument, he pointed to a ruling by Judge Aileen Cannon that barred the public release of his report.
In a closed-door session last month, Smith answered questions for over eight hours, reflecting his commitment to transparency in the ongoing investigation. His attorney, Lanny Breuer, reiterated this commitment, stating, “Jack has been clear for months he is ready and willing to answer questions in a public hearing about his investigations into President Trump’s alleged unlawful efforts to overturn the 2020 election and his mishandling of classified documents.”
Smith’s investigation, Trump has retaliated with a constant stream of calls for Smith’s prosecution against him. Even with this pressure, Smith is said to be singularly focused on making his case — and making sure that all of the relevant facts are made public.