Top Five Moments From Jack Smith’s Capitol Hill Testimony — Subpoenas, Showdowns and Strong Defense

Former Special Counsel Jack Smith appeared at a high-profile Thursday hearing on Capitol Hill, facing sharp Republican criticism and Democratic praise over his two prosecutions of former President Donald Trump. A career prosecutor of nearly three decades, Smith used the rare public forum to defend his indictments related to the 2020 election and classified documents as methodical, apolitical and consistent with Department of Justice policy.

Key Exchanges and Moments

Smith's Core Defense: Smith repeatedly described the investigations as "by-the-book" and insisted they were not politically motivated. In his most direct line, he said:

"If asked whether to prosecute a former president based on the same facts today, I would do so, regardless of whether that president was a Republican or a Democrat."

Republican Accusations of Political Motivation: Republicans, led by House Judiciary Committee Chairman Jim Jordan (R-Ohio), argued the timing and nature of the cases were designed to influence the 2024 election. "It was always about politics," Jordan said in his opening remarks.

Contested Subpoenas For Lawmakers' Phone Records: Much of the hearing focused on subpoenas Smith's team obtained for months of toll (call-detail) records belonging to several Republican lawmakers. Rep. Brandon Gill (R-Texas) highlighted a subpoena seeking roughly three months of toll data for former House Speaker Kevin McCarthy in 2023, asking whether that collection could violate constitutional protections. Smith maintained the requests were narrow and sought only toll data, not the contents of calls or messages.

Targets And Procedure: Lawmakers named as having records sought included Kevin McCarthy; Rep. Mike Kelly (R-Pa.); Sens. Marsha Blackburn and Bill Hagerty (Tenn.); Sen. Lindsey Graham (R-S.C.); Sen. Ron Johnson (R-Wis.); among others. Smith's team obtained court-authorized gag orders that temporarily barred phone carriers from notifying the lawmakers about the subpoenas. Smith said he followed the DOJ policy in effect at the time, which did not require explicit disclosure to the court that targets were members of Congress — a policy that has since been revised.

Allegations Of "Spying": Rep. Darrell Issa (R-Calif.) accused Smith of "spying" on members of Congress and pressed why the special counsel did not inform the D.C. federal court of the targets' congressional status given the additional layers of immunity and the Speech or Debate Clause. Smith defended his actions as lawful and consistent with Department practice.

Attorney General Pam Bondi speaks alongside President Donald Trump at a White House press briefing in this 2025 photo.

Closed-Door Deposition Context: Smith told lawmakers in a closed-door deposition that his team would have sought similar toll records for Democratic senators if former President Trump had dialed them, underscoring his argument that the subpoenas were investigative, not partisan.

Capitol Confrontation Interrupts Hearing: During a recess, former Metropolitan Police Officer Michael Fanone was briefly escorted out after a heated exchange with Ivan Raiklin, an Army reservist and right-wing operative who introduced himself in the packed hearing room. The exchange turned profane and nearly physical before other former officers and security intervened. Fanone, who was violently assaulted during the Jan. 6 attack, has been a vocal critic of the rioters.

Public Attacks And Retaliation Claims: President Trump posted during the hearing, calling Smith "being DECIMATED" by Republicans and labeling him a "deranged animal," adding that the attorney general should look into Smith's actions. In response to a question from Rep. Rebecca Balint (D-Vt.), Smith said he expected the DOJ under the president's direction would likely try to pursue action against him, but he did not express regret for the prosecutions.

Personal Notes From Smith: Asked whether the scrutiny and threats made him regret prosecuting Trump, Smith replied, "I don't regret it." He did, however, express regret that he had not conveyed enough appreciation for his staff, who he said "sacrificed endlessly and endured way too much just doing their jobs," noting many left or were dismissed when the administration changed.

What This Hearing Means

The hearing underscored deep partisan fault lines over the special counsel's work: Republicans framed the investigations as politically motivated intrusions into the political process, while Democrats and Smith emphasized the investigations' legal basis and procedural safeguards. The appearance also highlighted tensions over prosecutorial discretion, congressional immunity, and how courts handle subpoenas involving lawmakers.

Fox News contributed reporting to the original accounts of the hearing.