By VICTORIA CHURCHILL, US POLITICAL REPORTER
Published: | Updated:
Former Special Counsel Jack Smith is testifying before the US House Judiciary Committee on Thursday, excoriating President Donald Trump for his conduct after the 2020 election in his opening statement.
Smith said Trump ‘engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power,’ instead of accepting his loss in the 2020 presidential election.’
Smith then continued to further detail how he believes Trump did so.
Per Smith, Trump pressured state officials to ignore true vote counts, manufactured fraudulent elector slates in seven states he lost, and attempted to force Vice President Mike Pence to not certify the election.
Smith was the independent special prosecutor who investigated Trump under President Joe Biden‘s Attorney GeneralMerrick Garland.
He pursued two cases: one examining Trump’s conduct surrounding the January 6, 2021 Capitol incident, the other involving alleged mishandling of classified documents.
After Trump took office, the new Office of Special Counsel launched an investigation into Smith, suspecting his Trump probes were politically motivated.
Ahead of Smith’s opening remarks, Republican House Judiciary Chairman Jim Jordan and Ranking Member Jamie Raskin traded jabs and defenses of Smith and Trump, respectively.
Former Special Counsel Jack Smith prepares to testify during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026 in Washington, DC. Smith testified on his team’s federal criminal investigations into President Donald Trump, which included 2020 election interference and classified documents
U.S. President Donald Trump speaks during a signing ceremony for the ‘Board of Peace’ at the World Economic Forum (WEF) on January 22, 2026
Raskin argued Thursday that Smith ‘pursued the facts’ and acted based on facts, not like Trump, who acted then and continues to act based on a ‘political vendetta.’
Jordan, however, attacked Smith’s record, arguing that ‘it was always about politics’ for him.
Smith is pushing back on Thursday that politics has never driven his work.
‘Adherence to the rule of law is not a partisan concept or endeavor. The Justice Department’s core values, and the traditions and norms I was raised on as a prosecutor, are not meant to change from one administration to the next,’ Smith says.
‘After nearly 30 years of public service, including in international settings, 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,’ he adds in his opening statement.
Smith moved to drop both cases after Trump’s election victory in November, citing longstanding Justice Department policy against prosecuting a sitting president.
The January 6 case was dismissed without prejudice, meaning charges could theoretically be refiled after Trump leaves office.
However, the classified documents casewhich also named Trump co-defendants Walt Nauta and Carlos De Oliveiraproved more complicated, as Trump’s allies fought to have the entire case thrown out with prejudice, which would permanently bar future prosecution.
Smith resigned from the Justice Department before Trump’s inauguration, but not before filing a final report defending his investigations.