House Judiciary Committee Chairman Rep. Jim Jordan on Wednesday issued a subpoena to former special counsel Jack Smith, compelling him to give closed‑door testimony on Dec. 17 and to produce requested documents by Dec. 12 as part of the committee's review of Smith's prosecutions of former President Donald J. Trump.
In a letter to Smith and his lawyers, Jordan said the committee is "continuing to conduct oversight of the operations of the Office of Special Counsel you led — specifically, your team's prosecutions of President Donald J. Trump and his co‑defendants," and that Smith likely "possess[es] information that is vital to its oversight of this matter." The letter did not specify which records the committee seeks.
Peter Koski, an attorney for Smith, said the former special counsel will comply with the subpoena. Koski noted Smith had offered in October to testify voluntarily at an open hearing before the Judiciary Committee and expressed disappointment that offer was not accepted.
"We are disappointed that offer was rejected, and that the American people will be denied the opportunity to hear directly from Jack on these topics," Koski said. "Jack looks forward to meeting with the committee later this month to discuss his work and clarify the various misconceptions about his investigation."
Top Judiciary Committee Democrat Rep. Jamie Raskin accused Republicans of seeking to sideline a public hearing in favor of a private deposition that could be selectively leaked. Raskin defended Smith's investigative methods, saying the special counsel followed legal protocols and took "careful investigative steps."
"Chairman Jordan has denied Special Counsel Jack Smith's offer to speak publicly to the whole Congress and the whole country about his investigations into Donald Trump, instead demanding he comply with a subpoena for a closed‑door, private session simply so Republicans can spin, distort, and cherry‑pick his remarks through press leaks," Raskin said in a statement.
The GOP‑led committee says it is examining what it calls the "politically motivated" prosecutions overseen by Smith. According to the committee's statement, the president faced more than 40 federal charges across two separate cases: one alleging unlawful retention of classified documents after leaving the White House in 2021, and another alleging efforts to subvert the transfer of power following the 2020 election. The article's source reports said both cases were dismissed after the president won a second term in November 2024.
Since the president's return to office and Republicans' control of Congress, Smith has faced increased scrutiny from GOP lawmakers and an ethics review by the Office of Special Counsel — an independent federal agency distinct from the Department of Justice role Smith previously held. Smith has also drawn public attacks from the president. Smith's lawyers have described the ethics inquiry as "imaginary and unfounded."
Smith resigned from the Justice Department prior to the president's inauguration in January and delivered a two‑volume final report on his Trump‑related investigations to then‑Attorney General Merrick Garland. The first volume, on alleged efforts to overturn the 2020 election, was submitted to Congress in mid‑January. The second volume, addressing allegations concerning handling of sensitive government documents, has not been released publicly.
Attorney General Garland previously said he would not release the second volume while a related criminal case involving two of the president's co‑defendants remained pending. After the president began his second term, that case against two aides was dismissed, but federal prosecutors in Miami and the president's personal lawyers have continued to argue the second volume should remain sealed.
As the subpoenaed deposition approaches, the clash highlights partisan tensions over congressional oversight, prosecutorial independence and public transparency in high‑profile cases tied to a former president.
