Former special counsel Jack Smith made a rare public appearance before the House Judiciary Committee, defending his decision to pursue criminal investigations into Donald Trump for attempts to overturn the 2020 election. In his opening remarks, Smith stressed, “No one should be above the law in this country, and the law required that he be held to account. So that is what I did.”

The hearing gave Smith a critical platform to respond to Republican accusations of political bias while providing a detailed account of Trump’s conduct during the post-election period. Despite the risks of political exploitation, Smith used the forum to underscore the legal basis for his actions.

Investigative Actions and Toll Records Controversy

Appointed in late 2022, Smith oversaw two high-profile criminal inquiries into Trump: the Mar-a-Lago classified documents case and the efforts to overturn the 2020 election. Both cases were ultimately dropped due to judicial precedents limiting the prosecution of a sitting president. Smith completed comprehensive reports before resigning prior to Trump’s second inauguration.

Republicans scrutinized Smith’s decision to obtain toll records—metadata of calls between Trump, the White House, and supportive lawmakers—arguing it amounted to “spying.” Smith defended this step as essential to establish a timeline of efforts to obstruct the certification of election results. He explained that the gag order on targeted lawmakers was implemented to prevent obstruction of justice, emphasizing the necessity of preserving investigative integrity.

While Smith did not address constitutional concerns regarding the speech or debate clause, he noted that the metadata played a limited role in the election interference case. He also clarified that he chose not to charge Trump with insurrection, though he asserted, “Our assessment of the evidence is that he is the person most responsible for what happened on January 6.”

Republican Criticism and Hearing Outcome

Throughout the session, Republicans, including Rep. Darrell Issa, accused Smith of using the Justice Department to target Trump politically. Issa pressed, “Maybe they’re not your political enemies, but they sure as hell were Joe Biden’s political enemies… And you were their arm, weren’t you?” Smith firmly replied, “No,” affirming that neither President Biden nor Attorney General Merrick Garland directed him to pursue charges.

Despite Trump’s repeated calls for Smith to face prosecution, the public hearing did not produce any statements that could serve as a basis for a criminal referral. Smith, represented by attorney Lanny Breuer, welcomed the opportunity to defend the investigations, following a prior eight-hour closed-door interview focused on the election interference case. Questions about the Mar-a-Lago documents case were limited due to legal restrictions imposed by US District Judge Aileen Cannon.