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Former particular counsel Jack Smith testified throughout a listening to Thursday on Capitol Hill, the place he confronted searing criticism from Republicans and reward from Democrats over his two prosecutions of President Donald Trump.
The listening to gave Smith, a profession prosecutor of practically three a long time, a uncommon likelihood to talk publicly about his work. He defended his indictments towards Trump associated to the 2020 election and categorized paperwork as by-the-book and apolitical.
“If requested whether or not to prosecute a former president based mostly on the identical info immediately, I might achieve this, no matter whether or not that president was a Republican or a Democrat,” Smith mentioned.
JACK SMITH SUBPOENAED FOR DEPOSITION WITH HOUSE JUDICIARY COMMITTEE
Former particular counsel Jack Smith testifies throughout a listening to earlier than the Home Judiciary Committee within the Rayburn Home Workplace Constructing on Capitol Hill on Jan. 22, 2026, in Washington, D.C. (Al Drago/Getty Photographs)
Republicans made clear they felt the instances, introduced whereas Trump was a number one presidential candidate, had been pushed by politics and designed to intervene with the 2024 election.
“It was at all times about politics,” Chairman Jim Jordan, R-Ohio, mentioned in his opening assertion.
1. Smith collected ‘months’ value of cellphone information on the Republican speaker of the Home
Rep. Brandon Gill, R-Texas, grilled Smith over the controversial subpoenas of cellphone information belonging to a number of Republicans. Gill zeroed in on a subpoena that sought about three months of knowledge belonging to former Home Speaker Kevin McCarthy in 2023.
“Sixteen days after changing into the best rating Republican within the Home of Representatives, you subpoenaed his toll information,” Gill mentioned, asking if Smith felt that would have violated the Structure.
“I don’t,” Smith replied.
“You had been accumulating months’ value of cellphone information on the Republican speaker of the Home, the chief of the opposition, proper after he acquired sworn in as speaker. … That feels like a flagrant violation of the speech or debate clause,” GIll mentioned.
Smith has repeatedly defended the subpoenas as correct, noting that his staff sought a slender set of knowledge as a part of his 2020 election probe and that the cellphone information didn’t include contents of messages or calls.
“If Donald Trump had chosen to name a variety of Democratic senators, we might have gotten toll information for Democratic senators,” Smith mentioned in a closed-door deposition final month.
2. Issa accuses Smith of ‘spying’
Rep. Darrell Issa, R-Calif., accused Smith of “spying” on the lawmakers whose information had been subpoenaed. These focused by Smith’s staff included McCarthy, Rep. Mike Kelly, R-Pa., Sens. Marsha Blackburn and Invoice Hagerty of Tennessee, Sen. Lindsey Graham, R-S.C., Sen. Ron Johnson, R-Wis., and a number of other others.
Smith additionally obtained court-authorized gag orders that briefly blocked cellphone carriers from notifying the lawmakers of the subpoenas, which means they’d no quick recourse to problem them.
It’s common observe for prosecutors to hunt gag orders, however Issa demanded to know why Smith didn’t inform the D.C. federal court docket that the subpoenas pertained to members of Congress, who’ve added layers of immunity beneath the Structure.
“Why did Congress, a separate department that you just, beneath the Structure, should respect — why is it that nobody must be knowledgeable — together with the judges?” Issa pressed. “As you went in to spy on these individuals, did you point out that you just had been spying on, [that you were] in search of information so you might discover out about when conversations occurred between the U.S. speaker of the Home and the president?”
Smith has mentioned he adopted the DOJ’s coverage on the time, which didn’t require him to offer such discover to the court docket. That coverage has since modified.
3. Former D.C. police officer will get escorted out of listening to after fiery conflict
Former Metropolitan Police Officer Michael Fanone was briefly escorted out of the listening to after a tense trade with Ivan Raiklin, a one-time Military reservist and right-wing operative.
Raiklin referred to as out to Fanone and launched himself amid a packed listening to room, prompting Fanone to show round and say, “Go f— your self. … Do not fake like we’re not mortal enemies.”
The confrontation, which occurred throughout a listening to recess, escalated to a near-physical altercation, as Fanone repeatedly lobbed obscenities at Raiklin and Raiklin informed Fanone to “management his Tourette syndrome.”
A fellow former officer restrained Fanone, and a police officer guided him out of the listening to room whereas Democrats applauded him. Fanone was violently assaulted in the course of the Jan. 6 assault, in response to video footage and court docket papers, and has since been outspoken towards those that breached the Capitol and attacked officers.
4. Smith predicts DOJ will attempt to indict him
Trump posted on social media in the course of the listening to that Smith was “being DECIMATED” by Republican lawmakers and was a “deranged animal.”
“Hopefully the Legal professional Basic is taking a look at what he is accomplished,” Trump wrote.
JACK SMITH DEFENDS SUBPOENAING REPUBLICANS’ PHONE RECORDS: ‘ENTIRELY PROPER’
Legal professional Basic Pam Bondi speaks alongside President Donald Trump at a White Home press briefing on this 2025 picture. (Getty Photographs)
In response to a query about Trump’s put up from Rep. Rebecca Balint, D-Vt., Smith mentioned he anticipated the DOJ would try to cost him.
“I consider they may do the whole lot of their energy to do this, as a result of they’ve been ordered to by the president,” Smith mentioned.
Trump later wrote on social media: “Based mostly on his testimony immediately, there isn’t a query that Deranged Jack Smith must be prosecuted for his actions. … At a minimal, he dedicated giant scale perjury!”
5. Smith reveals his one remorse about his work
Smith was requested if the extreme scrutiny and public threats towards him have made him want he didn’t prosecute Trump.
“I do not remorse it,” Smith mentioned.
Nevertheless, when Rep. Kevin Kiley, R-Calif., pressed Smith on the matter, Smith vouched for his workers, who all left or had been fired when Trump took workplace.
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“If I’ve any remorse, it might be not expressing sufficient appreciation for my workers, who labored so exhausting on these investigations,” Smith mentioned, including they “sacrificed endlessly and endured manner an excessive amount of simply doing their jobs.”
Fox Information’ Breanne Deppisch contributed to this report.
