Jack Smith, the former special counsel, is “not afraid” of Donald Trump, despite his previous attempts to take Trump to trial during the 2024 campaign, as revealed by his legal team to CNN on Wednesday. Smith's upcoming public testimony before the House Judiciary Committee is expected to be a significant event, drawing considerable media attention and political scrutiny. Unlike previous private sessions, this Thursday's hearing will be broadcasted, allowing the public to witness the political theater that often accompanies congressional proceedings.
Smith's role as special counsel, having brought forth two criminal indictments against a former president, is unprecedented in U.S. history. His public testimony is anticipated to be a major moment, particularly as Trump has persistently called for Smith to be criminally prosecuted. As Smith prepares for this critical appearance, his legal team has indicated that long speeches from congressional members are expected, adding to the sense of drama surrounding the event.
During his testimony, Smith will need to carefully navigate court secrecy rules tied to the ongoing cases while providing Congress with responses that are likely to be heavily scrutinized for accuracy. His previous testimony before the House Judiciary Committee on December 17 lasted over eight hours, where he faced intense questioning regarding two significant criminal investigations into Trump. These inquiries included the mishandling and retention of classified documents and Trump's alleged attempts to overturn the 2020 election results.
Both criminal cases stemming from Smith's investigation have now been dismissed. One case was dropped after Trump won the 2024 presidential election, while the other was dismissed by a judge appointed by Trump, who determined that Smith’s office lacked proper congressional backing. Judge Aileen Cannon, presiding in South Florida’s federal court, has also kept half of Smith’s final report sealed, curtailing Smith's ability to discuss the findings in detail, particularly regarding allegations that Trump unlawfully retained boxes of classified documents at Mar-a-Lago since 2020.
Although various news outlets, including CNN, have disclosed significant information about Smith’s investigation—such as the audio recording of Trump discussing classified records—Smith is expected to limit his remarks to what was outlined in the June 2023 indictment against Trump and two of his associates. Throughout his testimony, Smith will emphasize his three decades of experience as a career prosecutor, highlighting his commitment to prosecuting any former presidents under the same circumstances today.
In recent months, at least three prosecutors from Smith’s special counsel team have provided testimony to lawmakers. Notable figures include Thomas Windom, who led the obstruction case against Trump related to the January 6, 2021, Capitol riot, and Jay Bratt, who spearheaded the prosecution concerning the mishandling of classified records. Following their testimonies, the key prosecutors, including Smith, have stepped away from their roles within the Justice Department, heightening the intrigue surrounding the ongoing investigations.
Republicans have made a criminal referral to the Justice Department concerning Windom's responses during questioning, while Bratt opted to invoke his Fifth Amendment rights during his deposition, refusing to answer certain questions. Despite the potential legal risks, Smith’s legal team has conveyed that he is eager to share details of his work within the Justice Department, confident that he and his team adhered to legal standards throughout their investigations.