Washington, D.C. — Former special counsel Jack Smith told lawmakers that the Jan. 6, 2021, attack on the U.S. Capitol “does not happen” without President Donald Trump, calling him the “most culpable and most responsible person” in efforts to overturn the 2020 election.
The House Judiciary Committee on Wednesday released the full transcript and video of Smith’s closed-door deposition, offering new insight into the reasoning behind two major federal investigations of Trump. During the daylong testimony, Smith repeatedly rejected Republican claims that his prosecutions were politically motivated and said the evidence against Trump was overwhelming.
Smith said his team developed proof beyond a reasonable doubt that Trump engaged in a criminal conspiracy to prevent the lawful transfer of power. He argued the Capitol attack was foreseeable, caused by Trump’s repeated false claims of election fraud, and worsened by Trump’s refusal to act as violence unfolded. Smith told lawmakers Trump instead issued statements that endangered then–Vice President Mike Pence and required repeated urging from staff to intervene.
Smith also addressed the classified documents case, testifying that Trump willfully retained highly sensitive materials at Mar-a-Lago and repeatedly obstructed justice to conceal them. Both cases were later dropped after Trump won the 2024 election, citing Justice Department policy barring prosecution of a sitting president.
The deposition further detailed cooperation from Republican witnesses, including electors and White House officials, whom Smith described as putting allegiance to the Constitution over party loyalty. Smith said their testimony formed some of the strongest evidence in the Jan. 6 case.
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