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Jack Smith Defends Trump Prosecutions In Closed-Door House Testimony

Jack Smith Defends Trump Prosecutions in Closed-Door House Testimony

By [Staff Reporter]

Washington — Former special counsel Jack Smith on Wednesday told House Judiciary Committee members that the legal basis for the prosecutions he brought against Donald Trump “rests entirely with President Trump and his actions,” while pressing that his team followed Department of Justice policy throughout the investigations.

Jack Smith, who led two high-profile Justice Department investigations that resulted in criminal charges against Mr. Trump in 2023, appeared for a closed-door deposition before the Republican-controlled House Judiciary Committee after being subpoenaed by committee chair Rep. Jim Jordan, R-Ohio[1].

In opening remarks circulated to reporters and summarized by news organizations, Smith said the decisions to pursue indictments were grounded in the facts and law surrounding two separate inquiries: alleged mishandling of classified documents at Mar-a-Lago and efforts to overturn the 2020 presidential election[2].

Subpoena and the Setting

The committee issued a subpoena compelling Smith to provide documents and attend a deposition after months of Republican-led scrutiny of his work as special counsel, which Republicans have characterized as politically motivated oversight of a sitting president[1][6].

Smith’s lawyers had requested that his testimony be conducted publicly to counter what they described as widespread mischaracterizations of the investigations; the committee, however, proceeded with a closed-door session[3][2].

Core Assertions from Smith’s Testimony

According to summaries of his statements, Smith told lawmakers that the prosecutions were not politically driven and that their factual predicate derived from Mr. Trump’s own conduct while in and after office[2].

Smith also emphasized adherence to Justice Department policy in making charging decisions and in later choices after Mr. Trump won reelection in 2024, including the dismissal of active prosecutions against a sitting president pursuant to department guidance and legal precedent[3].

Points of Contention

Republicans on the committee have focused attention on investigative tactics used by Smith’s team, including court-approved subpoenas for phone records of sitting members of Congress and other figures associated with the Trump administration[1].

Smith’s defenders say those investigative steps were targeted and legally authorized, while critics argue the probes amounted to overreach; the closed-door format means many specifics remain undisclosed to the public[1][2].

Legal Background and Aftermath

Smith secured indictments in 2023 tied to classified documents and to alleged efforts to obstruct the 2020 election certification process; following Trump’s 2024 election victory, Smith moved to drop the pending cases, citing a long-standing Justice Department policy against prosecuting a sitting president and related court rulings on presidential immunity[3].

Congressional Republicans have continued oversight actions, issuing subpoenas and calling for explanations of investigative choices; Smith has countered by pushing for an open hearing so he can publicly rebut what his team calls inaccurate portrayals of the investigations[3][1].

Reactions

Committee Chair Jim Jordan framed the deposition as oversight of alleged partisan prosecutorial decisions, while Smith’s counsel said the former special counsel was prepared to describe the factual and legal bases for his work and clarify misconceptions[1][2].

Legal and political analysts said the closed-door testimony is unlikely to settle broader disputes about partisanship and prosecutorial discretion, and that any new disclosures could further fuel political debate rather than produce a definitive public accounting[2][3].

What Comes Next

The House Judiciary Committee may pursue additional document requests or public hearings depending on the information obtained during Smith’s deposition; Smith’s lawyers have reiterated their preference for a public forum where he could address allegations directly[3][1].

Meanwhile, the broader legal questions that underpinned Smith’s decisions—particularly how a Justice Department should handle investigations that involve a president or former president—remain politically and legally contested and could recur in future oversight and judicial settings[3][2].

Reporting for this article relied on congressional statements and contemporaneous reporting on Smith’s testimony and prior special counsel investigations[1][2][3].

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