WASHINGTON (AP) 鈥� testified Thursday about his investigation of efforts to overturn the 2020 election, detailing how the defeated president 鈥渟ought to prey鈥� on his supporters and 鈥渓ooked for ways to stay in power,鈥� culminating in the .
It was Smith’s since he left the department last year, and the nearly five-hour session at the House Judiciary Committee delved into far-flung details 鈥� from former before the Jan. 6 committee to the slapped on Trump during the investigation over his efforts to intimidate witnesses.
鈥淥ur investigation revealed that Donald Trump is the person who caused Jan. 6, it was foreseeable to him, and that he sought to exploit the violence,鈥� Smith testified.
Trump, during the hearing, was live-posting his rage against Smith 鈥� suggesting the former career prosecutor should himself be prosecuted. In the room sat militant Oath Keepers founder Stewart Rhodes, and a tense encounter erupted between one audience member and , reminding how Jan. 6 still divides the Congress, and the country.
Smith said he believes Trump officials now will do 鈥渆verything in their power鈥� to prosecute him, but he said he would 鈥渘ot be intimidated鈥� by attacks from the president, adding that investigators gathered proof that Trump committed 鈥渟erious crimes.鈥�
鈥淚鈥檓 not going to pretend that didn鈥檛 happen because he鈥檚 threatening me,鈥� Smith said.
Once Trump won reelection in 2024, Smith against him, adhering to Justice Department protocol against prosecuting a sitting president. Trump faced a in the conspiracy to overthrow the election and, separately, Smith鈥檚 team indicted Trump over at his Mar-a-Lago home.
Throughout the session, Republicans highlighted new developments as they seek to sow doubt on Smith鈥檚 now defunct-case against Trump, while Democrats warned that Trump鈥檚 allies are trying to rewrite history after the defeated president sent his supporters to the Capitol to fight for his failed election against Democrat Joe Biden.
Far from done, Smith is expected to be called before the Senate, which is planning its own hearing, and he has been unable to discuss the documents case that lawmakers want to probe. Trump-appointed halted the release of a report by Smith鈥檚 team on that case with an injunction that is set to expire next month, but lawyers for Trump have asked to leave it permanently under seal.
One star witness under scrutiny, but Smith says there are 鈥榮o many鈥� more
Republicans have fixated for years on countering the gripping testimony that gave to the Jan. 6 committee, trying to prove her wrong.
The young aide that day about Trump lunging for the steering wheel in the presidential limousine as he demanded to join supporters at the Capitol. It鈥檚 a story that others said did not happen.
鈥淢r. Smith, is Cassidy Hutchinson a liar?鈥� asked Republican Rep. Jim Jordan of Ohio, the committee chairman.
Smith explained that Hutchinson鈥檚 testimony was 鈥渟econd hand,鈥� and as his team interviewed other witnesses, and the Secret Service agent in the car at the time 鈥渄id not confirm what happened.鈥�
Jordan pressed whether Smith would have brought Hutchinson forward to testify anyway, and Smith said he had not made 鈥渁ny final determinations.鈥�
Smith said, 鈥淲e had a large choice of witnesses.鈥�
鈥淭hat says it all,鈥� Jordan declared. 鈥淵ou were still considering putting her on the witness stand because you had to get President Trump.鈥�
In fact, Smith said, one of the 鈥渃entral challenges鈥� of the case was to present it in a concise way, 鈥渂ecause we did have so many witnesses鈥� 鈥� state officials, Trump campaign workers and advisers 鈥� to testify.
鈥淪ome of the most powerful witnesses were witnesses who, in fact, were fellow Republicans who had voted for Donald Trump, who had campaigned for him and who wanted him to win the election,鈥� Smith said.
Smith defends his work, and subpoenas for lawmaker phone records
A career prosecutor who worked for Republican and Democratic administrations, and worked on a range of cases, including war crimes overseas, Smith has presented himself as a straight arrow
鈥淚 am not a politician and I have no partisan loyalties,鈥� Smith said. 鈥淭hroughout my public service, my approach has always been the same 鈥� follow the facts and the law without fear or favor.鈥�
Republicans sought to portray Smith as a hard-charging prosecutor who had to be 鈥渞eined in鈥� by higher-ups as he pursued Trump ahead of the former president鈥檚 possible run for a second term.
They singled out the collecting of of members of Congress, including the House speaker at the time, former GOP Rep. Kevin McCarthy.
During one particularly sharp exchange, Republican Rep. Brandon Gill of Texas said Smith used nondisclosure agreements to 鈥渉ide鈥� subpoenas from the subjects, and the public.
Smith explained that collecting the phone records was a 鈥渃ommon practice鈥� and investigators wanted to understand the 鈥渟cope of the conspiracy鈥� to overturn the 2020 election.
鈥淢y office didn鈥檛 spy on anyone,鈥� he said.
Smith said he sought the nondisclosure agreements because of witness intimidation in the case. He cited Trump鈥檚 comments at the time, particularly the warning that he would be 鈥渃oming after鈥� those who cross him.
鈥淚 had grave concerns about obstruction of justice in this investigation, specifically with regards to Donald Trump,鈥� he said.
Smith said it鈥檚 not incumbent on a prosecutor 鈥渢o wait until someone gets killed before they move for an order to protect the proceedings.鈥�
Threats to democracy 鈥� and to Smith himself 鈥� linger
One Democrat, Rep. Pramila Jayapal of Washington, asked how he would describe the toll on American democracy if the nation does not hold a president accountable for fraudulent actions, particularly in elections.
鈥淚f we do not hold the most powerful people in our society to the same standards, the rule of law, it can be catastrophic,鈥� he said.
鈥淚t can endanger our election process, it can endanger election workers and ultimately, our democracy.鈥�
鈥淭he attack on this Capitol on Jan. 6,鈥� Smith said, echoing an appeals court ruling, 鈥渋t was an attack on the structure of our democracy.鈥�
Democratic Rep. Joe Neguse of Colorado asked Smith if he was aware that Trump was live-posting social media comments during the hearing.
鈥淣o,鈥� Smith said.
The congressman began reading what the president had posted.
鈥�’Jack Smith is a deranged animal, who shouldn鈥檛 be allowed to practice Law,’鈥� Neguse read. 鈥�’Hopefully the Attorney General is looking at what he鈥檚 done.鈥欌��
Smith looked on.
鈥淲e have a word for this,鈥� the congressman said. 鈥淚t鈥檚 called weaponization. It鈥檚 called corruption.鈥�
Democrats repeatedly asked if Smith had ever been approached by Biden鈥檚 Justice Department to investigate or prosecute Trump. Smith said he had not.
In his own words, Smith lays out the case
Smith presented his case against Trump, publicly and in previous private testimony, in ways that have not wavered.
鈥淧resident Trump was charged because the evidence established that he willfully broke the law,鈥� Smith said in opening remarks.
鈥淩ather than accept his defeat in the 2020 election, President Trump engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power.鈥�
Smith said, 鈥淚f asked whether to prosecute a former president based on the same facts today, I would do so.鈥�
鈥淣o one should be above the law in this country.鈥�
Still, the special counsel said he stopped short of filing a charge of insurrection against Trump. That was pursued in the House impeachment of Trump in the aftermath of Jan. 6, though the president was acquitted of the sole count of incitement of an insurrection by the Senate.
He said the case had 鈥減roof beyond a reasonable doubt that President Trump engaged in criminal activity,鈥� and remained confident had it gone to trial.
Asked about Trump鈥檚 decision to pardon some 1,500 people convicted in the Jan. 6 attack, including those who assaulted police officers, Smith had almost no answer.
鈥淚 don’t get it,鈥� he said. 鈥淚 never will.鈥�
___
Associated Press writer Joey Cappelletti contributed to this report.
Copyright © 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
