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Former special counsel Jack Smith testified during a hearing Thursday on Capitol Hill, where he faced searing criticism from Republicans and praise from Democrats over his two prosecutions of President Donald Trump.
The hearing gave Smith, a career prosecutor of nearly three decades, a rare chance to speak publicly about his work. He defended his indictments against Trump related to the 2020 election and classified documents as by-the-book and apolitical.
“If asked whether to prosecute a former president based on the same facts today, I would do so, regardless of whether that president was a Republican or a Democrat,” Smith said.
JACK SMITH SUBPOENAED FOR DEPOSITION WITH HOUSE JUDICIARY COMMITTEE
Former special counsel Jack Smith testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on Jan. 22, 2026, in Washington, D.C. (Al Drago/Getty Images)
Republicans made clear they felt the cases, brought while Trump was a leading presidential candidate, were driven by politics and designed to interfere with the 2024 election.
“It was always about politics,” Chairman Jim Jordan, R-Ohio, said in his opening statement.
1. Smith collected ‘months’ worth of phone data on the Republican speaker of the House
Rep. Brandon Gill, R-Texas, grilled Smith over the controversial subpoenas of phone records belonging to several Republicans. Gill zeroed in on a subpoena that sought about three months of data belonging to former House Speaker Kevin McCarthy in 2023.
“Sixteen days after becoming the highest ranking Republican in the House of Representatives, you subpoenaed his toll records,” Gill said, asking if Smith felt that could have violated the Constitution.
“I do not,” Smith replied.
“You were collecting months’ worth of phone data on the Republican speaker of the House, the leader of the opposition, right after he got sworn in as speaker. … That sounds like a flagrant violation…
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