House GOP Releases Jack Smith Deposition as Prosecutor Defends Trump Investigations

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The House Judiciary Committee released a lengthy, redacted transcript Tuesday of former Justice Department Special Counsel Jack Smith’s closed-door deposition, offering the public a detailed look at the prosecutor’s defense of his controversial investigations into President Donald Trump.

The 255-page transcript covers Smith’s nine-hour testimony on Dec. 17 before the GOP-led committee, which examined his probes into Trump’s actions surrounding the 2020 election and the handling of classified documents at Mar-a-Lago. Criminal charges were filed in both cases, but Trump ultimately avoided prosecution due to longstanding Department of Justice policy against indicting a sitting president.

Smith had repeatedly sought to testify publicly, but the committee declined. His attorney later pressed Judiciary Chairman Jim Jordan to release the full video of the testimony. Instead, the committee posted a transcript with redactions, citing legal constraints. As noted by Politico legal reporter Kyle Cheney, Smith was barred from discussing nonpublic aspects of the classified-documents case under an order from Judge Aileen Cannon.

In an opening statement previously summarized by the Associated Press, Smith asserted that his office developed proof “beyond a reasonable doubt” that Trump engaged in a criminal scheme to overturn the 2020 election and to block the lawful transfer of power. He also claimed investigators found evidence that Trump willfully retained highly classified documents after leaving office and sought to obstruct justice to conceal that retention.

Throughout the deposition, Smith emphasized his credentials as a career prosecutor of nearly three decades who served under both Republican and Democratic administrations. He insisted his decisions were made without regard to Trump’s political beliefs or candidacy, stating he would pursue charges against any former president under the same facts, regardless of party.

“The decision to bring charges against President Trump was mine,” Smith said, adding that the basis rested on Trump’s alleged actions as returned by grand juries in two districts. He maintained that his team followed DOJ policy and the law at every step.

Smith also expressed anger over what he described as Trump’s efforts to retaliate against career prosecutors, FBI agents, and support staff involved in the investigations. He said those public servants were unfairly vilified and, in some cases, dismissed simply for doing their jobs.

One of the most pointed moments came when Smith testified that Trump’s Jan. 6, 2021 tweet criticizing then–Vice President Mike Pence “without question…endangered” Pence’s life. Smith said Trump refused to act to stop the violence at the Capitol despite repeated urging from aides to intervene.

Smith also sharply criticized what he characterized as Trump’s politicization of the Justice Department, including the firing of prosecutors who worked on Jan. 6 cases or investigations involving Trump and his allies. He warned that requiring political loyalty as a condition for federal service would revive a corrupt patronage system that history has shown leads to incompetence and abuse.

“Our country tried that in the past,” Smith said, arguing that merit-based public service is essential to maintaining an effective justice system. He lamented the loss of experienced career prosecutors, saying their removal deprives younger lawyers of mentors and institutional knowledge.

Republicans have argued that Smith’s testimony underscores concerns about politicized prosecutions and unchecked power within the DOJ. With the transcript now public, the debate over Smith’s role and the legitimacy of his cases against Trump is likely to intensify.

The Judiciary Committee made the document available online, allowing Americans to judge Smith’s claims and credibility for themselves as oversight of the Justice Department continues.

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