The House Judiciary Committee on Wednesday made public the transcript and video of former special counsel Jack Smith’s deposition related to his investigations into President Donald Trump.
In the testimony, Smith told lawmakers that his team had “developed proof beyond a reasonable doubt” that Trump criminally conspired to overturn the results of the 2020 presidential election.
“The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions, as alleged in the indictments returned by grand juries in two different districts,” Smith said. “Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power.”
The deposition was conducted behind closed doors on December 17 and released publicly following bipartisan pressure for transparency. Lawmakers from both parties had called for the full video and transcript to be made available.
Why It Matters
The release of Smith’s deposition marks a key moment in a years-long legal and political dispute over Trump’s efforts to challenge the 2020 election results and his handling of classified documents after leaving office. Making the testimony public allows voters and lawmakers alike to scrutinize the reasoning behind one of the most consequential investigations in recent U.S. history.
Smith led two separate federal investigations into Trump, both of which resulted in indictments. Those cases were later dismissed following Trump’s reelection, in accordance with a Department of Justice policy that bars the prosecution of a sitting president.
What to Know
Smith is a former federal prosecutor who served as special counsel at the Department of Justice and was appointed to oversee high-profile investigations involving Trump. His prior experience includes prosecuting public corruption cases and international war crimes.
He testified under subpoena issued by House Judiciary Committee Chairman Jim Jordan (R-Ohio) as part of the committee’s oversight of the Justice Department’s handling of the Trump investigations. Smith and his legal team had argued from the outset that the deposition should be released publicly.
During the testimony, Smith reiterated that investigators uncovered evidence meeting the criminal standard of proof that Trump sought to overturn the 2020 election and block the lawful transfer of power.
Smith also described what he called “powerful evidence” showing that Trump willfully retained highly classified documents after leaving office and took steps to obstruct justice in an effort to conceal those actions.
Defending his prosecutorial decisions, Smith said, “If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether the President was a Republican or Democrat.”
After the closed-door session, Smith’s attorneys sent a letter to Chairman Jordan urging the committee to release the deposition in full. Their request was echoed by lawmakers across the political spectrum.
The deposition follows Smith’s final special counsel report, which concluded that the evidence collected would likely have resulted in Trump’s conviction if not for his reelection and the Justice Department policy shielding sitting presidents from prosecution. That report detailed evidence of knowingly false claims of election fraud and documented the retention of classified materials at Mar-a-Lago, along with alleged efforts to obstruct investigators.
What People Are Saying
Jack Smith said in his December 17 deposition: “Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 presidential election and to prevent the lawful transfer of power.”
Rep. Dan Goldman (D-N.Y.) wrote on X on December 23: “There is no reason not to release the video and transcript.”
Rep. Kevin Kiley (R-Calif.) said on December 17: “I do think that we’re dealing with unprecedented events here, so it’s entirely appropriate. And I think people on both sides, maybe for different reasons, think that what happened here bears scrutiny.”
What Happens Next
With the release of the transcript and video, Smith’s testimony and legal rationale are now subject to broader public review. The House Judiciary Committee has not announced additional hearings or follow-up actions.
Any future congressional steps or Justice Department reviews will depend on shifting political dynamics and evolving legal interpretations surrounding the prosecution of current or former presidents.
