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Former special counsel Jack Smith testified during a hearing Thursday on Capitol Hill, where he faced intense criticism from Republicans and praise from Democrats for his two-time prosecution of President Donald Trump.
The hearing gave Smith, a prosecutor of nearly three decades, a rare opportunity to speak publicly about his work. He defended his charges against Trump related to the 2020 election and separated the writings as literature and politics.
“If I was asked if I would prosecute the former president based on the same facts today, I would do so, whether that president was a Republican or a Democrat,” Smith said.
JACK SMITH DESERVES DEPOSIT TO JUDGE’S LYRICS COMMITTEE
Former special counsel Jack Smith testifies during a hearing before the House Judiciary Committee at the Rayburn House Office Building on Capitol Hill on Jan. 22, 2026, Washington, DC. (Al Drago/Getty Images)
Republicans have made it clear they feel the charges, filed while Trump was in office, are politically motivated and designed to interfere with the 2024 election.
“It’s always been about politics,” said Chairman Jim Jordan, R-Ohio, in his opening statement.
1. Smith collected ‘months’ worth of phone calls from the Republican speaker of the House
Rep. Brandon Gill, R-Texas, spoke with Smith about the controversial subpoena of several Republican phone records. Gill filed a subpoena seeking about three months of data on former House Speaker Kevin McCarthy in 2023.
“Sixteen days after he became the top Republican in the House of Representatives, you sent over his tax records,” Gill said, asking if Smith felt that would violate the Constitution.
“I don’t want to,” Smith replied.
“You were collecting months-long wiretapping of the Republican Speaker of the House, the leader of the opposition, shortly after he was sworn in as speaker. … That sounds like a clear violation of the speech or debate clause,” Gill said.
Smith has repeatedly defended the subpoenas as appropriate, noting that his team sought a small set of data as part of its investigation into the 2020 election and that the phone records do not contain the content of text messages or calls.
“If Donald Trump had chosen to subpoena a number of Democratic senators, we would have gotten the tax records of the Democratic members,” Smith said in a closed-door hearing last month.
2. Issa accuses Smith of ‘spying’
Rep. Darrell Issa, R-Calif., accused Smith of “scrutinizing” lawmakers whose records were subpoenaed. Those targeted by Smith’s group included McCarthy, Rep. Mike Kelly, R-Pa., Sens. Marsha Blackburn and Bill Hagerty of Tennessee, Sen. Lindsey Graham, RS.C., Sen. Ron Johnson, R-Wis., and several others.
Smith also obtained court-approved gag orders that temporarily prevented phone carriers from notifying lawmakers of subpoenas, meaning they had no immediate recourse.
It is common practice for prosecutors to seek gag orders, but Issa wanted to know why Smith did not tell the DC federal court that the subpoenas concerned members of Congress, adding layers of immunity under the Constitution.
“Why is Congress, a separate branch that you, under the Constitution, have to respect — why should no one be informed — including judges?” Pressing Issa. “Since you are going in to spy on these people, are you saying you are informers? [that you were] are you looking for records to find out when the conversations took place between the speaker of the US House and the president?”
Smith said he was following DOJ policy at the time, which did not require him to provide such notice to the court. That policy has changed.
3. A former DC cop is escorted out without a hearing after a heated argument
Former Metropolitan Police Chief Michael Fanone was temporarily removed from the trial after a heated exchange with Ivan Raiklin, a former Army sergeant and right-wing activist.
Raiklin called Fanone over and introduced himself in the middle of the packed hearing room, causing Fanone to turn around and say, “Go f— yourself. … Don’t pretend we’re not mortal enemies.”
The confrontation, which took place during a listening break, escalated into a physical altercation, as Fanone repeated insults at Raiklin and Raiklin told Fanone to “get his Tourette syndrome under control.”
The former official stopped Fanone, and a police officer led him out of the hearing room as Democrats applauded him. Fanone was violently beaten during the January 6 attack, according to video and court documents, and has since been speaking out against those who breached the Capitol and attacked police.
4. Smith predicts the DOJ will try to impeach him
Trump wrote on social media during the hearing that Smith had been “DECIMATED” by Republican lawmakers and was a “lost animal.”
“We hope the Attorney General looks into what he did,” Trump wrote.
JACK SMITH DEFENDS REPUBLICAN’S PHONE RECORDS: ‘WELL DONE’
Attorney General Pam Bondi speaks with President Donald Trump at a press conference at the White House in this 2025 photo. (Getty Images)
In response to a question about Trump’s position from Rep. Rebecca Balint, D-Vt., Smith said she expects the DOJ will try to charge him.
“I believe that they will do everything in their power to do that, because they have been ordered by the president,” said Smith.
Trump later wrote on social media: “Based on his testimony today, there is no doubt that Deranged Jack Smith should be prosecuted for his actions. … At the very least, he made a big lie!”
5. Smith expresses his one regret about his work
Smith was asked if the intense scrutiny and public intimidation made him wish he hadn’t prosecuted Trump.
“I have no regrets,” Smith said.
However, when Rep. Kevin Kiley, R-Calif., pressed Smith on the issue, and Smith reassured his staff, all of whom left or were fired when Trump took office.
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“If I have any regrets, it would be not showing enough gratitude to my staff, who worked so hard on this investigation,” Smith said, adding that they were “unrelentingly dedicated and patient in their work.”
Fox News’ Breanne Deppisch contributed to this report.
