House Republicans released the 255-page transcript of special counsel Jack Smith’s Dec. 17 deposition, in which he robustly defended his probe into efforts to overturn the 2020 election. Smith described a never-used trial strategy to call Republican witnesses such as Mike Pence, said Trump’s Jan. 6 tweet increased danger to Pence, and declined to disclose material protected by grand-jury secrecy or a sealed report. He explained why some allies (Bannon, Stone, Navarro) were not interviewed, discussed limited phone-record requests and Speech or Debate concerns, and cautioned that parts of Cassidy Hutchinson’s testimony could be hearsay.
Seven Key Takeaways From Jack Smith’s Closed-Door Deposition
In this image from video released by the House Judiciary Committee, former special counsel Jack Smith speaks during a deposition Dec. 17, 2025, at the U.S. Capitol in Washington. (House Judiciary Committee via AP)
House Republicans quietly released the 255-page transcript of special counsel Jack Smith’s Dec. 17 closed-door deposition on New Year’s Eve. Over a day of questioning before the House Judiciary Committee, Smith mounted a detailed defense of his probe into efforts to overturn the 2020 election and clarified what his office considered — and declined — in building a potential case against former President Donald Trump.
Smith’s Defense And Trial Thinking
Smith repeatedly defended the integrity of the investigation, arguing politics did not dictate his decisions and expressing confidence that a jury would have convicted Trump had the case gone to trial. He said the most persuasive evidence would have come from witnesses within Trump’s own party who he believed would "put country before party." Smith identified potential Republican witnesses such as former Vice President Mike Pence and GOP presidential elector Lawrence Tabas as examples of credible, persuasive testimony the prosecution could have used.
Strategy, Witnesses, And Co-Conspirators
Smith described a trial strategy he considered but never implemented that would have highlighted testimony from Trump allies who acknowledged his defeat. He also said he had not made final determinations about additional charges for several alleged co-conspirators — including Rudy Giuliani, Sidney Powell, Kenneth Chesebro, John Eastman and Boris Epshteyn — and confirmed that some of those figures, such as Epshteyn and Giuliani, were interviewed during the investigation.
Jan. 6, The Tweet, And Personal Danger
Smith testified that Trump’s Jan. 6 tweet attacking Mike Pence while the vice president was at the Capitol "without question" heightened the danger to Pence. He also cited evidence such as a text exchange between Steve Bannon and Boris Epshteyn — in which Bannon called Trump "still on fire" — as an indication the former president did not view the riot as the end of his effort to overturn the election.
Grand-Jury Secrecy, Sealed Report And Limits
On several occasions, Smith declined to answer questions because responses could implicate grand-jury materials or a federal judge's order sealing parts of his separate classified-documents report about Mar-a-Lago. The Department of Justice sent a reminder to Smith's team the day of the deposition that the court order barred sharing nonpublic material with Congress.
Who He Didn’t Interview And Why
Smith said his office did not pursue interviews with Steve Bannon, Roger Stone and Peter Navarro because they were largely uncooperative with congressional investigators and unlikely to add valuable information that would justify granting them immunity. He explained that the effort to seek testimony must weigh the potential value of that testimony against the cost of immunizing uncooperative witnesses.
Phone Records, Speech Or Debate, And Legal Protections
Smith discussed his team's pursuit of phone records from Republican lawmakers contacted in the run-up to Jan. 6, and said requests were limited, targeted to support trial theory, and handled under DOJ procedures for material implicating Congress. He emphasized his office respected the Speech or Debate Clause's protections and noted he was not special counsel when investigators obtained a two-year batch of House Judiciary Committee Chair Jim Jordan’s records.
Reprisals, Clearances, And Partisan Pushback
Smith said he had no communications with President Biden or White House staff and maintained that he did not let political considerations drive investigative choices. He told lawmakers he expects Trump may seek retribution and characterized the Trump administration's suspension of security clearances for Covington & Burling attorneys who worked with his office as an effort to chill representation.
Cassidy Hutchinson And Admissibility Questions
Republicans highlighted Smith’s comments about Cassidy Hutchinson, the Jan. 6 committee's star witness, after he observed that parts of her testimony appeared to be secondhand hearsay and therefore potentially less admissible or persuasive than firsthand accounts. Smith said his office spoke to at least one officer who was in the SUV used to return Trump to the White House, underscoring the difference between firsthand testimony and hearsay.
Bottom Line
The transcript offers a measured, procedural account of Smith’s thinking: a firm defense of investigative choices, a trial approach that would have emphasized testimony from Republicans who acknowledged Trump’s defeat, careful adherence to legal limits, and reluctance to disclose sealed or grand-jury-protected material. While Republicans seized on selective caveats to attack the credibility of individual witnesses, the broader Jan. 6 investigations remain grounded in hundreds of interviews and substantial documentation.
