Former Special Counsel Jack Smith Delivers Historic Testimony on Trump Investigation
In a landmark appearance before the House judiciary committee on Thursday, 22 January 2026, former special counsel Jack Smith delivered his first public testimony regarding his criminal investigation into Donald Trump's efforts to overturn the 2020 election results. The hearing, held on Capitol Hill in Washington DC, marked a significant moment in the ongoing political and legal scrutiny surrounding the former president.
Smith Stands Firm on Indictment Decisions
During his testimony, Smith unequivocally defended his decisions as special counsel, including the controversial move to bring charges against President Trump. "As I testify before the committee today, I want to be clear I stand by my decisions as special counsel, including the decision to bring charges against President Trump," Smith stated. "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity."
This public defence follows a closed-door interview last month that lasted over eight hours, during which Smith elaborated on his rationale for indicting Trump and obtaining metadata from phone calls involving Trump-allied lawmakers in Congress.
Background of the Investigations
Smith was appointed in late 2022 to oversee two criminal investigations into Trump that had been initiated by the justice department prior to his arrival:
- Trump's retention of classified documents at his Mar-a-Lago club
- His alleged push to overturn the results of the 2020 election
Both cases were ultimately dropped after Trump was elected to a second term, with Smith citing judicial precedents that prevent prosecutions against a sitting president. Instead, he completed comprehensive reports on both investigations before resigning from his position ahead of Trump's inauguration.
Focus on Election Interference Case
The December interview primarily concentrated on the election interference case, as Smith declined to address questions regarding the documents investigation. This decision was based on the ruling by Aileen Cannon, the US district judge in Florida appointed by Trump, who dismissed the case and blocked the release of Smith's report.
Republican committee members spent considerable time questioning Smith about his successful acquisition of toll records for phone calls made by Trump and his lawyers to at least nine Republican senators. These senators had reportedly been pressured to halt the certification of the 2020 election results.
Defence of Investigative Methods
Smith defended the use of toll records, which do not capture call content, explaining they were essential for reconstructing a timeline in court proceedings. He emphasised that none of the senators were targets in the criminal investigation, placing responsibility squarely on Trump. "I did not choose those members, President Trump did," Smith asserted.
He also countered Republican claims that the toll records violated First Amendment protections, arguing that Trump and his allies exploited the January 6 Capitol riot to advance a criminal scheme. "He was free to say that he thought he won the election – he was even free to say falsely that he won the election," Smith stated. "But 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."
Legal Representation and Public Defence
Lanny Breuer, Smith's legal representative, indicated that his client welcomed the opportunity to publicly defend the investigations into Trump. "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," Breuer commented.
Despite Trump's repeated calls for Smith to face prosecution for investigating him, there appears to be no clear legal basis or misstatement from Smith that could form the foundation for a criminal referral to the justice department.
