WASHINGTON — In a cavernous hearing room charged with the electric friction of a divided capital, former Special Counsel Jack Smith sat before the House Judiciary Committee on Thursday, January 22, 2026. For over six hours, the man who once sought to convict a sitting president of federal crimes defended his legacy against a barrage of Republican vitriol while receiving a shield of praise from Democrats.
This is a video of the entire hearing. Video courtesy DWS.
Smith’s appearance marked his first public testimony since resigning in January 2025, just before President Donald Trump’s second inauguration. Clad in a dark suit and maintaining the stoic, iron-jawed composure that became his trademark during the two-year investigation, Smith did not blink as Chairman Jim Jordan (R-OH) opened the session by characterizing the Special Counsel’s Office as a “hit squad for the radical left.”
A Defense of the Indictments
From his opening statement, Smith was unyielding. He addressed the elephant in the room: the fact that both federal cases—one involving the retention of classified documents and the other concerning efforts to overturn the 2020 election—were dismissed in late 2024 following Trump’s electoral victory.
“I stand by my decisions as Special Counsel, including the decision to bring charges,” Smith stated firmly. “Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity. To have done otherwise on the facts of these cases would have been to shirk my duties as a prosecutor.”
He emphasized that the cases were not dropped because the evidence was weak, but because of long-standing Department of Justice (DOJ) policies preventing the prosecution of a sitting president.
The Back-and-Forth: Partisan Fireworks
The questioning quickly devolved into a sharp ideological divide. Republican members focused on the “weaponization” of the DOJ, while Democrats focused on the details of the alleged crimes.
Chairman Jim Jordan (R-OH): “Mr. Smith, you asked for a trial date in January 2024—just as the primary season was starting. You weren’t looking for justice; you were looking for a calendar that helped the Biden campaign, weren’t you?”
Jack Smith: “Chairman, our goal was always a speedy trial as guaranteed by the Constitution and expected by the public. The timing was dictated by the gravity of the charges and the volume of evidence, not by any political calendar.”
Rep. Darrell Issa (R-CA): “You went after the President’s men. You subpoenaed the phone records of sitting members of this body. You treated the Speech and Debate Clause like a suggestion. Who gave you the authority to spy on Congress?”
Jack Smith: “We obtained limited toll records—metadata, not content—through lawful process. I did not choose those members to investigate; their communications with the then-President during a suspected criminal conspiracy made those records relevant. We followed the facts where they led.”
Rep. Jamie Raskin (D-MD): “Mr. Smith, there are claims being made today that you were ‘intimidated’ by the President’s threats of retribution. Is that true?”
Jack Smith: “The statements are meant to intimidate me. I will not be intimidated. I think these statements are also made as a warning to others. I am not going to pretend crimes didn’t happen because someone is threatening me.”
Retribution and the Civil Service
One of the most emotional segments of the hearing occurred when Smith discussed the “retribution” currently being faced by career DOJ and FBI employees who worked on his team. Since returning to power, the Trump administration has moved to purge several officials involved in the probes.
“To vilify and seek retribution against these people is wrong,” Smith said, his voice tightening. “Those dedicated public servants are the best of us. They followed the law, they followed the facts, and they are now being punished for their integrity.”
Republicans, however, countered that the “purges” were a necessary “cleansing” of a politically biased bureaucracy. Rep. Lance Gooden (R-TX) questioned Smith’s very legitimacy, asking about the specifics of his swearing-in ceremony in 2022, suggesting there were procedural flaws in his appointment. Smith dismissed these as distractions, stating he had taken the oath and performed his duties under the authority granted by the Attorney General.
The Classified Documents Deadlock
While Smith was expansive regarding the 2020 election interference case, he was notably constrained regarding the Mar-a-Lago classified documents probe. Due to an ongoing court fight and a specific judicial order from Judge Aileen Cannon, Smith was barred from discussing certain aspects of his final report.
Democrats expressed frustration at this limitation. Rep. Jerrold Nadler (D-NY) lamented that the “full story of the threat to national security” remained partially hidden. Smith confirmed he would be willing to return to testify once the judicial stay on his report is lifted, which is currently scheduled for late February.
The “North Star”
Throughout the afternoon, Smith repeatedly returned to the concept of the “rule of law,” a phrase he used as both a shield and a sword. He rejected the notion that he had any partisan loyalties, noting his history as a war crimes prosecutor at The Hague.
“I am not a politician,” Smith said in response to a final volley of questions from Rep. Matt Gaetz (now a private citizen advisor but frequently cited by the committee). “I have seen the rule of law erode in other countries. It is not self-executing. It requires people to stand up even when it is difficult.”
As the hearing concluded, the room remained as polarized as when it began. For supporters, Smith’s testimony was a brave defense of democratic institutions. For detractors, it was the final gasp of a “deep state” operative.
As Smith gathered his papers to leave, he was asked if he would do anything differently if he could go back to 2022.
“If asked whether to prosecute a former president based on the same facts today,” Smith replied, “I would do so regardless of whether that president was a Democrat or a Republican.”
Sources & Links
- Al Jazeera: Former Special Counsel Jack Smith testifies before US Congress committee
- CBS News: Jack Smith defends handling of Trump probes in first public testimony to Congress
- The Guardian: Jack Smith testifies evidence showed Trump crimes in 2020 election effort
- Democracy Docket: Trump’s attacks on civil servants threaten rule of law, ex-special counsel Jack Smith warns
- House Judiciary Committee: Deposition of Jack Smith Transcript (Dec 2025)
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