Jack Smith is "unfazed" by Donald Trump, according to remarks made by his legal team ahead of his upcoming testimony on Thursday.
The former special counsel, who attempted to bring Trump to trial during the 2024 election campaign but was unsuccessful, is set to speak publicly before the House Judiciary Committee. While Smith has previously provided testimony in private sessions, this time cameras will be rolling, and his legal team is fully aware that members of Congress may engage in a dramatic political spectacle, which could involve lengthy speeches from various lawmakers.
Smith's involvement in prosecuting two criminal cases against a sitting president is an unprecedented action in American history. His anticipated public appearance is expected to be significant, especially given Trump’s continual calls for criminal charges against him. However, Smith will need to tread carefully, ensuring he adheres to court confidentiality rules while also providing Congress with thorough answers that will likely be scrutinized for precision.
In a previous testimony on December 17, Smith spent over eight hours responding to lawmakers’ inquiries regarding the two criminal investigations focused on Trump. One investigation centered on the mishandling and retention of classified documents, while the other examined Trump’s efforts to overturn the results of the 2020 election.
Currently, both cases stemming from Smith's investigation have been dismissed—one because Trump emerged victorious in the 2024 presidential race, and the other due to a ruling by a judge appointed by Trump, who determined that Smith's office lacked adequate congressional backing. This judge, Aileen Cannon, has kept half of Smith's final report sealed, effectively hindering Smith's ability to elaborate on the findings of his investigation into whether Trump unlawfully stored boxes of classified documents at Mar-a-Lago starting in 2020.
Despite the extensive media coverage surrounding this inquiry, including revelations such as a recording where Trump discusses retaining a classified document and testimony from a key witness regarding Trump’s actions, Smith is expected to limit his remarks primarily to what is already detailed in the indictment handed down in June 2023 against Trump and two of his aides.
With a solid background as a career prosecutor under both Republican and Democratic administrations, Smith plans to leverage his three decades of experience during his testimony. His legal team insists that he would pursue prosecution against any former president under similar circumstances today.
Like his earlier closed-door testimony, Smith is set to reiterate his belief that the evidence collected substantiates claims of Trump engaging in criminal behavior beyond a reasonable doubt.
Several prosecutors from Smith's special counsel team, including Thomas Windom, who spearheaded the obstruction case linked to the January 6, 2021 Capitol riot, and Jay Bratt, who handled the prosecution related to classified document mishandling and obstruction of justice, have previously testified before lawmakers.
Notably, the core attorneys involved in Smith’s special counsel effort have since departed from the Justice Department. Republicans have lodged a criminal referral against Windom based on how he responded to certain inquiries, while Bratt opted to assert his Fifth Amendment right against self-incrimination during his deposition.
Although Smith had the option to invoke the Fifth Amendment as well, his legal team has expressed confidence that he and the special counsel did not breach any laws in their undertakings. Nevertheless, Smith is eager to take advantage of the opportunity to outline his work within the Justice Department.
