Washington, D.C. — Former Special Counsel Jack Smith told the U.S. House Judiciary Committee that President Donald Trump privately acknowledged losing the 2020 election, even as he publicly claimed victory and promoted false fraud allegations that later fueled the January 6 Capitol riot.
According to a transcript released December 31, Smith testified that Trump made multiple statements in private settings indicating he knew he had lost to Joe Biden. One remark cited in the testimony included Trump saying, “Can you believe I lost to this f’ing guy?” Smith said those comments were significant because they corroborated the core findings of his investigation into Trump’s efforts to overturn the election results.
Smith’s testimony came as Republican lawmakers and Trump allies have sought to portray his investigation as politically motivated. Smith pushed back on that characterization, telling the committee that prosecutors followed Justice Department policy and based their decisions on evidence, not politics.
Smith had secured two indictments against Trump in 2023—one related to the retention of classified documents and another alleging a scheme to overturn the 2020 election. Both cases were dropped after Trump won the 2024 election, consistent with long-standing Justice Department policy barring prosecution of a sitting president.
Publicly, Trump continued to falsely assert that he won the 2020 election, claims that contributed to unrest culminating in the January 6, 2021 attack on the Capitol. After returning to office in January 2025, Trump issued pardons to individuals convicted for their roles in the riot.
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