Former special counsel Jack Smith told the GOP-led House Judiciary Committee on Thursday that President Donald Trump was responsible for the Jan. 6, 2021, attack on the U.S. Capitol, delivering his most direct public assessment of Trump’s actions to date.
“Our investigation revealed that Donald Trump is the person who caused Jan. 6,” Smith testified, adding that the violence was foreseeable and that Trump sought to exploit it to remain in power.
First Public Testimony on Trump Probes
Smith, who led investigations into Trump’s efforts to overturn the 2020 election and his handling of classified documents, testified publicly for the first time about his work. Trump pleaded not guilty in both cases, which were later dropped following his reelection under Justice Department policy barring prosecution of a sitting president.
Smith said his decisions were based solely on facts and law, not politics, and emphasized that many key witnesses were Republicans who supported Trump but testified truthfully despite personal and professional costs.
Election Interference Findings
According to Smith, Trump was not seeking legitimate answers about alleged election fraud but was instead “looking for ways to stay in power.” He said Trump rejected information that contradicted that goal, including statements from state officials who told him his claims were false.
Smith also defended his office’s use of phone toll records for some members of Congress, calling it a routine step in investigating a conspiracy to block the peaceful transfer of power.
Classified Documents Allegations
In his opening remarks, Smith reiterated allegations that Trump illegally retained classified documents at his Mar-a-Lago estate after leaving office and obstructed efforts to recover them. He said sensitive national security materials were improperly stored in unsecured locations, including a ballroom and bathroom.
Smith stated that the evidence supported prosecution beyond a reasonable doubt and that he would make the same decision regardless of a defendant’s political party.
Clashes With Lawmakers
Republicans on the committee sharply criticized Smith, with Chairman Jim Jordan calling the investigations partisan. Rep. Troy Nehls argued that responsibility for Jan. 6 lay with Capitol leadership, not Trump.
Democrats defended Smith’s work. Rep. Jamie Raskin said the former special counsel demonstrated that Trump engaged in a criminal scheme to overturn the election, while Rep. Eric Swalwell accused Republicans of ignoring the historical record.
Rule of Law Warning
Smith closed by warning against political retaliation toward prosecutors and investigators, stressing that the rule of law depends on a collective willingness to uphold it, even when doing so comes at a cost.
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