Former Special Counsel Jack Smith testified Thursday before the House Judiciary Committee, defending his investigation into former President Donald Trump’s efforts to overturn the 2020 election. Smith stated he had developed “proof beyond a reasonable doubt” that Trump engaged in criminal activity.
The hearing was Smith’s first public testimony since the release of a 174-page report in January 2025. Smith had previously testified behind closed doors and actively sought the opportunity to address the public. His appearance came during the first year of Trump’s second term, a period marked by repeated attacks from the president and threats of prosecution against the former special counsel.
Key Findings Presented
Smith told the committee that Trump was “the most culpable and most responsible person” for the January 6th attack on the Capitol. His investigation, spanning 22 months and involving over 250 witness interviews, revealed a multi-faceted scheme to subvert the democratic process. The investigation reviewed over one terabyte of data, including social media posts, and involved numerous legal challenges.
Smith outlined four primary areas of alleged criminal conduct that formed the basis of the federal indictment brought against Trump in August 2023. These included pressuring state officials, a “fake electors” scheme, pressure on the Justice Department, and pressure on Vice President Mike Pence.
Evidence presented showed Trump systematically contacted Republican state officials in Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, urging them to disregard certified vote totals and appoint alternate electors. A recorded phone call with Georgia Secretary of State Brad Raffensperger, in which Trump requested “11,780 votes,” was highlighted. Trump also allegedly pressured Michigan legislators and posted a legislator’s phone number on social media after they refused to overturn the state’s results.
The “fake electors” scheme, coordinated by Trump’s attorney Rudy Giuliani, involved the organization of fraudulent slates of electors in seven states. Participants signed false certificates claiming Trump had won, often under the mistaken belief that these were contingent upon pending litigation.
Smith also detailed attempts by Trump to enlist the Justice Department in his efforts, pressuring officials to declare the election “corrupt.” When met with resistance, Trump allegedly attempted to install Jeffrey Bossert Clark, a lower-level official willing to pursue the claims. This was only prevented by a threatened mass resignation of DOJ leadership.
Finally, Smith presented evidence that Trump repeatedly pressured Vice President Pence to reject certified electoral votes during the January 6th congressional certification, despite being advised that such actions were illegal and unconstitutional.
Trump’s Knowledge of False Claims
A central tenet of Smith’s case was the assertion that Trump knew his claims of election fraud were false but continued to promote them. Smith stated he intended to call witnesses, including Raffensperger, White House advisors, campaign officials, and state legislators, who reportedly informed Trump that his claims lacked merit. Smith noted that Trump’s claims regarding fraudulent votes varied significantly over time, and that Trump privately dismissed some conspiracy theories while publicly amplifying them.
Smith acknowledged anticipating potential criminal charges from the Trump administration’s Justice Department, stating he believed they would act “because they’ve been ordered to by the President.” He affirmed his commitment to remaining steadfast despite these threats.
Smith also criticized Trump’s decision to pardon approximately 1,500 January 6th defendants, including those convicted of assaulting law enforcement officers. He stated, “I do not understand why you would mass pardon people who assaulted police officers. I don’t get it. I never will.”
The cases against Trump were dismissed in November 2024 following his reelection, consistent with Department of Justice policy regarding the prosecution of sitting presidents. However, Smith obtained a superseding indictment in August 2024 focusing on Trump’s private conduct after a Supreme Court ruling regarding presidential immunity.
The second volume of Smith’s report, concerning Trump’s handling of classified documents, remains under seal due to an order from Judge Aileen Cannon and ongoing cases involving co-defendants Walt Nauta and Carlos De Oliveira. Democrats on the House Judiciary Committee have indicated their intention to request another hearing with Smith once the gag order is lifted, focusing on this classified documents investigation.
Smith concluded his testimony by emphasizing the importance of accountability for those in power, warning that Americans should “never forget” the violence of January 6th and its impact on democracy.
Frequently Asked Questions
What were the four main areas of criminal conduct outlined in Smith’s report?
Smith’s report outlined four main areas of criminal conduct: pressure on state officials, a “fake electors” scheme, pressure on the Justice Department, and pressure on Vice President Pence.
How many witnesses did Smith’s investigation involve?
Smith’s investigation involved interviewing over 250 witnesses.
What happened to the cases against Trump brought by Smith?
Smith’s cases against Trump were dismissed in November 2024 after Trump won reelection, in accordance with Department of Justice policy prohibiting the prosecution of a sitting president.
What implications might this testimony have for the future of American democracy and the rule of law?
