Former special counsel Jack Smith defended his prosecutions of Donald Trump during a closed‑door deposition before the House Judiciary Committee, saying the charges "rest entirely with President Trump and his actions." Smith said his team found evidence they believe proves an effort to overturn the 2020 election and that Trump willfully retained classified documents after leaving office. Democrats praised Smith's professionalism; Republicans criticized the decision to hold the session in private. Smith also defended subpoenas for phone records and is separately under an Office of Special Counsel review.
Jack Smith Defends Trump Prosecutions: "Charges Rest With President Trump" in Closed‑Door Deposition
Former special counsel Jack Smith arrives for a closed-door deposition with the House Judiciary Committee at the Rayburn Building in Washington, D.C., on Dec. 17, 2025. / Credit: Tom Williams/CQ-Roll Call, Inc via Getty Images
Washington — Former special counsel Jack Smith on Wednesday forcefully defended his decisions to prosecute former President Donald Trump during a closed‑door deposition before the House Judiciary Committee, saying the evidence "rests entirely with President Trump and his actions."
What Smith Told Lawmakers
Smith, who was subpoenaed by the Republican chairman of the Judiciary Committee, said his investigative choices were made "without regard to President Trump's political association, activities, beliefs, or candidacy in the 2024 presidential election." He emphasized that the decision to bring charges was his, but that the facts supporting those charges were developed by the investigation and presented to grand juries in two separate districts.
"The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions," Smith said in portions of his opening statement obtained by CBS News.
Evidence and Charges
Smith said his team developed evidence they described as showing that Mr. Trump engaged in a criminal scheme to overturn the 2020 election and to prevent the lawful transfer of power. On the documents case, Smith said investigators uncovered "powerful evidence" that Mr. Trump willfully retained highly classified documents after leaving office in January 2021, storing some material at his social club in locations such as a bathroom and a ballroom used for events. Smith also asserted that Mr. Trump "then repeatedly tried to obstruct justice to conceal his continued retention of those documents."
Contested Investigative Steps
Smith defended other investigative steps taken by his team, including subpoenas for phone records belonging to sitting Republican lawmakers. He said those records were lawfully subpoenaed and relevant to a comprehensive inquiry into the events surrounding the 2020 election and January 6.
Reactions From Lawmakers and Counsel
Democrats on the committee praised Smith's testimony and professionalism. Rep. Jamie Raskin, the committee's top Democrat, said Smith answered every question "to the satisfaction of any reasonable minded person in that room" and credited him with outlining the ethical duties and responsibilities of prosecutors. Rep. Daniel Goldman criticized the decision to hold the session behind closed doors and argued the American public should hear Smith's answers directly.
Lanny Breuer, an attorney for Smith, told reporters that his client "is showing tremendous courage in light of the remarkable and unprecedented retribution campaign against him by this administration and this White House."
Background And Status
Mr. Trump was indicted on more than 40 federal charges across two separate prosecutions: one alleging unlawful retention of classified documents after leaving the White House, and another alleging efforts to subvert the transfer of power following the 2020 election. Mr. Trump has denied wrongdoing and called the investigations politically motivated "witch hunts" aimed at harming his candidacy.
Following Mr. Trump's victory in the 2024 presidential election, court proceedings in those cases were paused. Separately, Smith is under review by the Office of Special Counsel; his lawyers have called that ethics inquiry unfounded.
Why It Matters
Smith's closed‑door deposition underscores continuing partisan tensions over high‑profile investigations into a former president. Democrats say the testimony reinforced the integrity of the prosecutions; Republicans argue for greater transparency and public hearings.
