Jack Smith tells Congress he could prove Trump engaged in a 'criminal scheme' to overturn 2020 election
S E E D E D C O N T E N T
WASHINGTON — Former special counsel Jack Smith told a congressional committee Wednesday that his team found "proof beyond a reasonable doubt” that President Donald Trump engaged in a “criminal scheme” to overturn the results of the 2020 election, according to parts of his opening statement obtained by NBC News.
Trump also “repeatedly tried to obstruct justice” to keep secret his retention of classified documents found during an FBI search of his Mar-a-Lago estate in Florida, Smith told members of the House Judiciary Committee at a closed-door hearing.
Smith said his team turned up “powerful evidence that showed Trump willfully retained highly classified documents after he left office in Jan. 2021, storing them at his social club, including in a bathroom and a ballroom where events and gatherings took place.”
House Oversight Committee Chairman Jim Jordan, R-Ohio, subpoenaed Smith to testify as part of Republican efforts to investigate the special counsel's office. Smith's investigations led to two indictments of Trump: in the classified documents case and in the 2020 election interference case. Trump-appointed U.S. District Judge Aileen Cannon dismissed the classified documents case in July 2024, and a separate judge agreed to drop the 2020 case in November 2024 after Trump won re-election.
Trump has repeatedly called for Smith to be prosecuted.
Facing a renewed wave of Republican attacks on his investigations into Trump, Smith was expected to try to use the hearing to correct what his team has described as mischaracterizations about the special counsel investigation.
Smith had wanted to testify in a public setting, but House Republicans refused to accommodate his request.
After the hearing Wednesday, House Judiciary Committee ranking member Jamie Raskin, D-Md., joked that Jordan “made an excellent decision in not allowing Jack Smith to testify publicly, because had he done so, it would have been absolutely devastating to the president and all the president’s men involved in the insurrectionary activities of Jan. 6.”
Lanny Breuer, Smith’s attorney, told reporters Wednesday that his client “is showing tremendous courage in light of the remarkable and unprecedented retribution campaign against him by this administration and this White House.”
Pushing back against criticism of his team's decision to obtain and analyze the phone call records of nine congressional Republicans, Smith told members of the committee that those records “were lawfully subpoenaed and were relevant to complete a comprehensive” investigation.
“January 6 was an attack on the structure of our democracy in which over 100 heroic law enforcement officers were assaulted. Over 160 individuals later pled guilty to assaulting police officers that day,” Smith said. “Exploiting that violence, President Trump and his associates tried to call Members of Congress in furtherance of their criminal scheme, urging them to further delay certification of the 2020 election.”
“I didn’t choose those Members," Smith added, “President Trump did.”
Smith’s report on Trump’s efforts to overturn the election found that Trump “inspired his supporters to commit acts of physical violence” on Jan. 6, 2021, and that Trump knowingly spread “demonstrably and, in many cases, obviously false” claims about the election as part of the effort.
Smith is not expected to testify about Volume II of his report, which focused on Trump’s handling of classified documents.
After Trump’s team moved to block its release, Cannon banned the release of that report, as well as the sharing of “any information or conclusions in Volume II,” with anyone outside the Justice Department. In a legal filing this month, a lawyer representing Trump wrote that "Volume II of Jack Smith’s Final Report should not be made public.”
The Trump administration fired career prosecutors who worked on Smith’s team early in the year, and more recently it fired FBI special agents and even support staffers linked to Smith. Trump has called Smith “a criminal” who should be “investigated and put in prison.”
Smith said in his testimony Wednesday that while he is responsible for having made the decisions to charge Trump in both the election subversion and the classified documents cases, the basis for those charges “rests entirely with President Trump and his actions, as alleged in the indictments returned by grand juries in two different districts.”
Smith recounted that he was taught as a young prosecutor to follow the facts and the law “without fear or favor” and to do “the right thing, the right way, for the right reasons,” principles he said guided his career.
“If asked whether to prosecute a former President based on the same facts today, I would do so regardless of whether the President was a Republican or Democrat,” Smith said.
Rep. Dan Goldman, D-N.Y., demanded that Jordan hold a public hearing so the “American people can hear what the special counsel said." Rep. Pramila Jayapal, D-Wash., said Smith “was extremely upset with the vilification, the mischaracterizations of things that he has said or who he is.”
“He said it’s deeper than even witness intimidation,” Jayapal said. “It would drive people away from public service.”
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As those of us not in the MAGA cult have been able to recognize all along, Trump is a coup-plotting traitor to the Republic.
aka patriotic Americans vs the MAGA cult that give their allegiance not to our constitutional Republic, but to a convicted felon and admitted sexual predator. In the MAGA cults tiny minds only betraying Trump would be treason, even if he's betraying our constitutional Republic. I believe most in the MAGA cult have very little actual knowledge of our constitution which is why it's so easy for them to betray it. They believe holding only to the amendments they like that empower them makes them patriotic, but their callous disdain for the rest of the constitution that protects minorities from them shows the MAGAites for what they really are.
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I don't think any of them deserves to be executed. Just imprisoned for a very long time
oh all right, I'm willing to compromise ...
a big swastika branded on their right cheek and then deported to a prison cell in a 3rd world country, where for a nominal fee you can visit and torture them ...
You don't make things easy.
trying to overthrow a free and fair democratic election is the worst crime that can be committed in america. any punishment for that should be just as swift and severe to the perpetrators ... (perps and traitors)
I do consider it treason and that carries the death penalty
Agreed. Actively trying to undermine and subvert one's own republic is the ultimate act of tyranny and should be considered the highest of high crimes.
"Enemies both foreign and domestic."
How Trump is still free and alive is puzzling.
death penalty for the perp and his accomplices works for me ...
I'm confident that jack has copies of his work, which is why maga scum are so anxious to discredit him.
Jim Jordan was one of the plotters, his credibility to criticize Smith is non-existent.
child molesters protect each other ...
which explains their legislative solidarity in DC ...
Y these clowns wish to open up this can of worms that was totally legit just shows how stupid they are. only thing right was non public hearings. The gop needs to just GO P ound their puds, complete loser duds, soap has not enuff suds, for they to come clean from all the crud s
It should be obvious to anyone with the ability to reason given just the publicly available evidence. We all saw what happened. We all (could have) observed what Trump was saying prior to it happening. We all (could have) observed the witnesses (virtually all Republicans) who testified under oath in the J6 investigation.
Of course Smith has sufficient evidence. This is one of the more sickening factors about the electorate, that enough people would vote for this abysmal and criminal human being to put him in the presidency (and thus escape justice).
Fascists rarely value the rule of law...
They are kinda busy interpreting them in newly favorable ways.
ezpz, all you need is a maga stamp on the title and a black magic marker for the inconvenient text ...
Lot of good it is doing sitting in the 'Can.' I have no faith or confidence in the truth winning over. . . . As a nation, we are caught (fast) in the 'trap' of one man's vision of tomorrow and his intent to capture (shut) the minds (if not the hearts) of our electorate to his personal and private whims.
Clearly our system has allowed Trump to skirt justice. So your disgust is justified.
I am awe-struck that Trump has proven himself capable of finding the holes in our system of 'courtesy.' What gets me is this. . . man. . . does not want GRACE extended to him (though he will take it) he seems to prefer 'punching' through lawsuits and shoving norms down to the ground and tossing the same out a figurative window!
And our federal system appears to be a form of 'catnip' for him, and one has to wonder what's next within it to feel his challenge! Remember, catnip!
Furthermore, Trump demonstrated to us his smarts. Basically, this man got the (conservative) SCOTUS to agree with him that as the House and Senate WHOLLY writes laws for the country based on a majority, as the SCOTUS - WHOLLY decides on legitimacy of laws based on the constitution, the Executive, singular and 'alone' should run the ENTIRETY of the executive branch WHOLLY based on his or her whims (and 'bare' oversight).
Then, the 'evil' genius double-down and takes full control of the GOP majority in the house and senate and near full control over the conservative SCOTUS! Effectively giving him 'near' UNLIMITED power over the federal systems of our government (to do pretty much what he wishes).
Is it any wonder that he is pasting his name on 'everything' he wishes to see it 'sprayed' on? He is near 'autonomous' on the federal level- and he knows it!
Trump is not now and likely not significantly ever a team player. He is the 'Show.' All him/all the time. He is in his element: The one man 'Top' and 'Display.' Doing what he wills. . . . Should the day come that he can not be so privileged, he likely will dread every second he is in the white house. Which is why he is doing, going, and traveling around the country trying to 'best' the democrats at their own 'game' of affordability.
DEMOCRATS! Get off your butts and "see the man" that is trying to outmaneuver you all the same way he did Hillary and Kamala—yes, this mid-term is about Trump (though he is not on the ballot). Trump does not wish to be an 'underling' president. . .thus he has set out to OUT HUSTLE democrats and set the mid-term narrative (on the road).
Democrats: "See the Man!" planning to do a number 2 on your heads in the mid-terms. . . because Trump is and knows how to HUSTLE - Do YOU?!!!!!
I think it is a waste of uttering that Smith says he can prove anything regarding Trump's engagement in a criminal scheme, because he simply will not be asked for his opinion or facts! The GOP certainly do not want to go up against Trump, even it if cares about facts and truths on the topic! And the democrats are apparently TOO DAMN SLOW out the gate with their engagements and interactions against Trump who is running around the country carrying his personal messaging!
Despite Trump's ability to 'dreamscape' his life and now the 'life' of a nation. . . I will say this: He appears to live outside the norms of society where he can (as much as humanly possible) live without any controls on him personally and limited controls on him professionally.
Which makes him the most dangerous manchild on the planet!
republicans have elected a felon, traitor, and child molester into the white house ...
So let’s have a hearing! A trial. Let him present evidence and witnesses. Allow opposing counsel to subject them to cross examination. And then let Congress or some group of non-partisan people (aka jury) decide what is true.
No? Republicans don’t want that procedure? Why not? Afraid of the consequences?
This is how we roll now in this country. Afraid of the next election? Redraw districts!
Afraid of criticism? Prosecute or sue those who speak up.
Afraid of justice? Prosecute the prosecutors.
We almost had a trial, and would have if Merrick Garland hadn't dragged his feet for so long, allowing Trump's delay tactics to get him safely past the election where he could evade justice if he won.
I am thoroughly dissatisfied with Garland (and Biden) for how they handled (managed) these most significant cases which came before their DOJ! They knew what was at stake. . . and ultimately they let it fall short and fail immeasurably. As we can see, this present administration spares 'nothing' to persecute its political rivals and political frenemies.
Trump's only loyalty is to himself. Everybody else runs the risk of being thrown under the bus at any moment for any whim. Even that cute little lying blond whore with the "machine gun lips" isn't safe from the insane bad man.
Smith can claim all he wants that he had "evidence" in the documents case. The case was tossed in July 2024 by Judge Cannon due to Smith not being properly appointed as Special Counsel.
That botched "appointment" negates not only the document case ( that appears even the Biden WH was involved in ) but it also negated Smith's stolen election "investigation".
The left leaves out the appointment part of all this.
There are plenty of legal analysis reports that argue Cannon was flat out wrong.
And note that she made no ruling on the quality of the evidence.
Analysts aren't part of the decision making process. Judge Cannon questioned the appointment and everything come to a halt.
No point to rule on the evidence when the quality of the appointment is in question. If the appointment is not correct, the procedures to collect the evidence is incorrect and cannot be used regardless of how damning or exonerating it is.
Correct, they are part of the reasoning process that helps determine if a judge was correct.
The point, however, is that the evidence is sound. Plenty of it is already in the public domain showing that Trump attempted to thwart the safe return of the documents rather than cooperate. Trump even provided evidence when he claimed that the PRA gave him the right to have the documents — that is 100% the opposite of what the PRA states but it shows Trump's intent.
What is the point of continuing to try to defend Trump? Such a defense is beyond foolish.
I feel obligated to write on the use of the law for justification when it suits MAGA purposes. As a black American, I can say that 7.1.1 is a perfect example of selected truth positioning which comes down to helping one side benefit from law while using objective judgment to eviscerate opposers .
What we have here is MAGA supporters pointing to a law that they would like us to believe is "unbendable" or "unbreakable" and must be enforced fully to the letter. It can be ignored, sidelined, minimized, or dismissed when the 'offender' is a conservative.
Minorities have a long 'record' and memory of how White racists in control and in positions of power racially and bias-ly used law they wrote to hinder and hold minorities to the letter of the law while finding "openings" or "grey areas" in the laws to keep themselves free and clear of problems.
It is a big reason why many minorities consider racist Whites as speaking with forked tongues (betrayal), duplicitous, and guilty of talking out of both sides of their mouths!
White racists do this kind of thing every day of the week, and wonder why minorities will not put their faith in them!
Interesting then, that Congress still wants to talk to him about it. I think that’s great. Congress should take a good long look at his evidence - preferably in open hearings, so we can all take a look at it. Do you fear that? Or welcome it?
If they find the appointment was valid, then look at the evidence. If the appointment was not done correctly, the collection of the evidence is not done correctly making it invalid.
Why hide behind that caveat? We aren’t in court anymore. This is Congress and they invited him to tell them what he knows. What are you scared of?
"Oh, but you who philosophize disgrace and criticize all fears
Bury the rag deep in your face
For now's the time for your tears."
(Bob Dylan - The Lonesome Death of Hattie Carroll)
One can substitute the USA for Hattie Carroll, and you know who for William Zanzinger.