WASHINGTON — Former Special Counsel Jack Smith told a congressional committee Thursday that his investigation into President Donald Trump was not partisan and that he wouldn’t be “intimidated” by Trump’s threats toward him.
Smith, who led the investigation into President Donald Trump’s attempt to overturn the results of the 2020 election and mishandling of classified documents, sat for more than five hours as House Republicans attacked his probe. His investigation into the then-former president uncovered evidence of a criminal scheme and ultimately led to indictments in both cases along with more than 40 federal charges.
Smith had previously stated he had evidence beyond a reasonable doubt to convict Trump in both cases. But he dropped them after Trump won the 2024 election, citing regulations prohibiting prosecutors from pursuing criminal charges against sitting presidents.
“No one should be above the law in our country, and the law required that he be held to account,” Smith told the House Judiciary Committee in his opening remarks. “So that is what I did.”
Thursday’s hearing marked the first time Smith testified publicly about his investigation, giving him an opportunity to defend himself from attacks by Trump and Republicans. In December, he answered lawmakers’ questions behind closed doors for more than eight hours, but he had repeatedly asked for a public hearing.
Since he took office for his second term, Trump has repeatedly indicated that he wants to see Smith prosecuted for investigating him. During the hearing, he took to TruthSocial, calling Smith’s investigation a “Democrat SCAM.” He posted that Smith was being “DECIMATED” by Republicans’ questions and called him a “deranged animal.”
“The statements are meant to intimidate me,” Smith said. “I will not be intimidated.”
Republicans focused much of their questioning Thursday on Smith’s probe into lawmakers’ toll and phone records after the attack on the Capitol on Jan. 6, 2021. Smith defended his requests for the documents and did not disclose any of their contents.
Rep. Jefferson Van Drew, R-N.J., said Smith’s investigation targeted Republicans because of their “political status, their political party and their ideals.”
“Everything you’ve done, everything you’ve ever done, is always against Republicans,” Drew said.
The former special counsel denied that politics played any role in his investigation.
“I have conducted my career in a non-partisan fashion,” Smith said. “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.”
Smith seemed determined to distance himself from House Democrats throughout the hearing. He did not respond to many of the Democratic committee members’ offers of thanks for his work. Smith repeatedly testified that he would have carried out his investigation of the president regardless of his party affiliation.
He added that his office maintained full independence throughout the investigation. He said that he was not pressured by then-U.S. Attorney General Merrick Garland, who appointed him, and he “never” talked to then-President Joe Biden about the investigation.
When asked if he had any regrets about how he carried out his investigation, Smith said the only thing he wishes he could have done was to express a greater appreciation for his staff who “sacrificed endlessly.”
“We followed the facts of the law,” Smith said. “If anything, I wish I had thanked them enough.”
