Former special counsel Jack Smith, in prepared remarks for his Tuesday appearance before the Senate Judiciary Committee, forcefully defended his decision to bring criminal charges against President Trump, insisting the cases were driven solely by evidence and rejecting what he called efforts to silence him.
“The charges against President Trump were the result of the evidence,” Smith wrote in his opening statement, obtained by The Hill. “Grand juries in two separate districts reached this conclusion based on his actions, as alleged in the indictments they returned.”
Smith’s testimony covers two distinct investigations: the classified documents case stemming from Trump’s retention of sensitive materials at his Mar-a-Lago estate, and the election subversion case linked to the Jan. 6, 2021, attack on the U.S. Capitol. He is expected to field questions primarily about the latter, given a federal judge has shielded release of his report on the documents matter.
“I stand by my decisions as Special Counsel, including my decision to bring charges against President Trump. I made these decisions without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election,” the statement reads. “Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity. 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.”
Smith directly addressed the president’s rhetoric and the broader erosion of legal norms. “I will not be silenced by the continued threats of prosecution from the President or others,” he wrote, pointing to “the vilification of the career prosecutors, FBI agents, and support staff who served on my team.” He added: “It is my belief that the rule of law faces challenges unlike any we have experienced in our lifetime. Individuals are threatened with criminal investigation because they are perceived to have opposed the President. Predetermined outcomes increasingly seem to take precedence over the Justice Department’s long-standing core values, traditions, and norms.”
His appearance puts him before one of his most vocal critics, Committee Chair Chuck Grassley (R-Iowa), who has accused Smith of overreach in subpoenaing toll records of GOP lawmakers and conservative groups. Smith’s statement does not address those criticisms directly, but he has previously stressed that he only obtained call logs, not content, and that some records came through the National Archives’ preservation duties.
“My service has spanned both Republican and Democratic administrations. I am not a politician, and I have no partisan loyalties,” Smith wrote. “My career has been dedicated to serving our country by upholding the rule of law and the core principles on which our country was founded. I believe that there is no role for politics in the proper administration of justice. A prosecutor’s decisions must be based on the facts and the law.”
On the Jan. 6 case, Smith reiterated his core allegation: “Rather than accept his defeat in the 2020 presidential election, President Trump engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power.” He detailed the scheme, including attempts to pressure state officials, organize fake elector slates, and push Vice President Mike Pence to reject certification, culminating in directing a mob to the Capitol.
Smith dropped both cases after Trump won the 2024 election, citing Justice Department policy against prosecuting a sitting president. His testimony comes as the president’s legal battles continue to draw scrutiny, with some Republicans wary of taxpayer-funded political ads and fresh firestorms testing GOP patience ahead of the midterms.
