Jack Smith’s Deposition Undercuts GOP Claims — Released Quietly On New Year’s Eve

Republican members of the House Judiciary Committee released the deposition of former special counsel Jack Smith on New Year’s Eve — a timing critics said would limit public attention. But the transcript itself presents a clear, methodical account that weakened key Republican assertions about the investigation.

Measured, Professional Testimony

Throughout the deposition, Smith answered carefully and avoided overstatement: when precise memory failed him he often said, “I can’t recall,” rather than offering categorical denials. He used both friendly and hostile questions to explain the investigative process and to show that his team followed established Justice Department practice without political bias.

On Preconceptions And Decision Making

Asked whether he had a preconceived outcome when appointed special counsel, Smith replied that he did not: he did not know enough about the facts or the law at the outset to judge whether an indictment was warranted. He emphasized that debating whether to bring charges is intrinsic to prosecutorial work — a routine, ongoing process of weighing evidence, inferences and legal standards.

Why Some Phone Records Were Sought

Smith defended the decision to seek phone records for nine Republican senators by pointing to long-standing DOJ practice and consultation with Public Integrity Section experts. He added that investigators focused on those numbers because President Trump’s own direction to co-conspirators led them to contact those senators — explaining that had calls been placed to Democratic senators, DOJ would have pursued those records as well.

Accountability And Institutional Impact

Smith sharply criticized the Trump administration’s actions to remove career Justice Department staff who worked on the probe, calling such firings a “travesty.” He warned that dismissing experienced, nonpartisan civil servants erodes institutional knowledge and harms the department’s ability to perform and train future public servants.

“If those people aren’t there to be leaders and to teach young lawyers how to be public servants,” Smith said, “it will have an effect on the Department for some time.”

Evidence And Conclusions

Smith put on the record that the evidence his team gathered was sufficient to prove, beyond a reasonable doubt, violations in the classified-documents case, and that President Trump was by a large measure the most culpable and responsible actor in the January 6 conspiracy. He also noted that key witnesses who cooperated included Republicans who put country before party.

Political Context

While Republican members framed the deposition as a political exercise, Smith’s testimony mostly reinforced the integrity of the investigative process and the strength of the evidence. The New Year’s Eve release may have limited immediate attention, but the transcript itself reads as a systematic rebuttal to claims that the investigation was driven by partisan motives.

Reported originally on MS NOW.