In a high-stakes closed-door deposition on Capitol Hill, former special counsel Jack Smith delivered a stark message to lawmakers: the criminal charges against former President Donald Trump are a direct result of his own actions. Smith was hauled before House Republicans who have spent years attempting to downplay the events of January 6 and portray the legal cases as a political witch hunt.
The Core of the Accusations
According to excerpts from his opening remarks obtained by HuffPost, Smith was unequivocal about where responsibility lies. “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 told lawmakers.
Smith, who led the investigations, secured grand jury indictments against Trump on multiple fronts. These include charges related to a criminal scheme to overturn the 2020 election results, the unlawful retention of highly classified documents after leaving the White House in January 2021, and obstruction of justice for efforts to hide those materials from investigators.
Evidence of a Criminal Scheme
Smith provided lawmakers with a detailed account of the evidence his team compiled. “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,” he stated.
Regarding the classified documents case, Smith revealed compelling evidence. “Our investigation also developed powerful evidence that showed President Trump willfully retained highly classified documents after he left office,” he said, noting they were stored at his Mar-a-Lago social club in Florida, including in a bathroom and a ballroom where events were held.
Controversy Over Phone Records and Republican Pushback
A particularly contentious part of the testimony involved Smith’s decision to obtain phone records from several Republican Senate offices during his investigation. This move so angered Senate Republicans that they passed a new law allowing affected senators to seek millions in damages from the government.
Smith defended the action by directly linking it to Trump’s conduct on January 6. He pointed out that after summoning a violent mob to the Capitol, Trump and his associates tried to contact lawmakers during the attack itself. “Exploiting that violence, President Trump and his associates tried to call members of Congress in furtherance of their criminal scheme, urging them to further delay certification of the 2020 election,” Smith explained. “I didn’t choose those members; President Trump did.”
The deposition was held privately, despite Smith’s offer to testify in public. Democratic Rep. Jasmine Crockett of Texas expressed her frustration during an early break, telling HuffPost, “I hate that the Republicans did not want to make sure that this was a public hearing, but it looks like it’s going to be a good one.”
The session underscores the deep political divide over the legal accountability of the former president, with Smith’s testimony serving as a forceful rebuttal to claims of a politically motivated prosecution.
