‘Not Afraid’: Jack Smith Readies For Televised House Testimony On Trump Probes

Jack Smith’s legal team told CNN that the former special counsel is “not afraid” of Donald Trump as he prepares to testify publicly before the House Judiciary Committee.

Public Appearance After A Lengthy Private Session Smith previously testified in a closed-door session on December 17 that lasted more than eight hours. His Thursday appearance will be televised, and his lawyers say they expect the customary political theater from some members of Congress, including lengthy speeches and pointed questioning.

Why This Matters

Smith’s role was historically unprecedented: while special counsel he brought two criminal indictments connected to a president. His public testimony is being watched closely — not only because of the high-profile nature of the investigations, but also because former President Trump has repeatedly urged that Smith be prosecuted. Smith will need to balance respecting court secrecy and sealed material with giving Congress clear, accurate answers that will be heavily scrutinized.

What Happened In The Investigations

Smith led two major probes: one into the alleged mishandling and retention of classified documents, and another into efforts to overturn the 2020 election. Both cases Smith pursued were later dismissed: one was dropped after Trump won the 2024 presidential election, and the other was dismissed by U.S. District Judge Aileen Cannon in South Florida, who also ordered about half of Smith’s final report sealed. That sealing limits how much Smith can discuss publicly about the Mar-a-Lago documents investigation.

Although media outlets have reported many details from the inquiry — including an audio recording tied to discussions of classified material and testimony from a witness who worked at Trump’s Florida resort — Smith is expected to refrain from discussing material beyond what was specified in the June 2023 indictment.

Smith’s Message And Team

Smith, a career prosecutor who served under both Republican and Democratic administrations, will emphasize his three decades of experience and say that, on the same facts, he would bring the same charges today. He is also expected to again explain why he believed the evidence met the legal standard of proof beyond a reasonable doubt.

Several prosecutors from the special counsel’s office have already spoken with lawmakers: Thomas Windom (who led the obstruction work tied to Jan. 6), Jay Bratt (who led the classified-records work) and JP Cooney (Smith’s deputy). Those key prosecutors, including Smith, are no longer with the Justice Department.

Republicans have filed a criminal referral with the Justice Department concerning Windom’s answers to congressional questions, and Bratt invoked his Fifth Amendment right during his deposition. Smith could have invoked the Fifth as well, his lawyers noted, though they maintain neither he nor his office broke the law. His team says he welcomes the chance to explain his work publicly and to set out the reasoning behind the indictments and investigative decisions.

Bottom Line: Thursday’s televised hearing will be a high-profile moment in an ongoing political and legal dispute — one that requires Smith to walk a tightrope between transparency and legal constraints.

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