Jack Smith to Warn Congress: Don't Take the Rule of Law 'For Granted' — Details Of His Investigations Into Trump

WASHINGTON — Former special counsel Jack Smith will tell the House Judiciary Committee that Americans must not take the rule of law for granted, according to a prepared statement obtained by NBC News. The public testimony is Smith's first appearance before Congress about his investigations into President Donald Trump.

"I have seen how the rule of law can erode. My fear is that we have seen the rule of law function in this country for so long that many of us have come to take it for granted," Smith says in the prepared remarks. "But, the rule of law is not self-executing — it depends on our collective commitment to apply it. It requires dedicated service on behalf of others, especially when that service is difficult and comes with costs."

What Smith Will Tell Lawmakers

Smith plans to tell the committee that his investigation developed what he describes as "proof beyond a reasonable doubt" that Trump "engaged in a criminal scheme" to overturn the 2020 election — a scheme Smith says contributed to the Jan. 6, 2021, attack on the U.S. Capitol. He also intends to note that 140 law enforcement officers were injured during the riot.

According to Smith's prepared statement, the allegations include attempts by President Trump to:

• Induce state officials to ignore accurate vote counts;
• Manufacture fraudulent slates of presidential electors in seven states;
• Pressure his vice president to act contrary to his oath to advance Trump's personal interests;
• Direct or inspire a mob to obstruct the congressional certification of the election and then exploit the resulting violence to delay certification.

Legal And Political Context

Trump has denied wrongdoing and repeatedly described the investigations as politically motivated "witch hunts." Since returning to office, he has also called for Smith to be prosecuted.

The House Judiciary Committee, led by Rep. Jim Jordan (R-Ohio), a close Trump ally, is investigating Smith and the U.S. attorney's office that brought the indictments. Smith previously answered closed-door questions from committee members; Republicans are expected to press him publicly about two matters tied to the earlier probes — one involving classified documents and another involving efforts to overturn the 2020 results.

U.S. District Judge Aileen Cannon, a Trump appointee, dismissed the classified-documents case, finding that Smith's appointment was unlawful. Smith later dropped the election-related prosecution after Trump won re-election in 2024, citing Justice Department policy that bars charging a sitting president.

Free Speech, Fraud And Closed-Door Testimony

Republicans plan to press a separate argument that Smith tried to curtail Trump's First Amendment protections. In a closed-door deposition before the committee, Smith said Trump retained the right to make false claims about the election but did not have the right to defraud the government by using falsehoods to remain in office.

"He was free to say that he thought he won the election. He was even free to say falsely that he won the election," Smith told lawmakers. "But what he was not free to do was violate federal law and use knowingly false statements about election fraud to target a lawful government function."

Preparedness And Support

Colleagues who worked with Smith described him as steady under pressure. Karen Friedman Agnifilo, who served with him as a prosecutor, said Smith was "unflappable" and able to separate the political attacks from his duty. Michael Beys, a federal prosecutor who has known Smith for 25 years, praised Smith's integrity and candor.

Smith's prepared remarks will emphasize accountability and the costs of defending the rule of law: "Our willingness to pay those costs is what tests and defines our commitment to the rule of law and to this wonderful country," he writes.

This article was originally published on NBCNews.com.