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Former particular counsel Jack Smith testified throughout a listening to Thursday on Capitol Hill, the place he confronted searing criticism from Republicans and reward from Democrats over his two prosecutions of President Donald Trump.
The listening to gave Smith, a profession prosecutor of almost three many years, a uncommon probability to talk publicly about his work. He defended his indictments towards Trump associated to the 2020 election and labeled paperwork as by-the-book and apolitical.
“If asked whether to prosecute a former president based on the same facts today, I would do so, regardless of whether that president was a Republican or a Democrat,” Smith stated.
JACK SMITH SUBPOENAED FOR DEPOSITION WITH HOUSE JUDICIARY COMMITTEE
Former particular counsel Jack Smith testifies throughout a listening to earlier than the House Judiciary Committee within the Rayburn House Office Building on Capitol Hill on Jan. 22, 2026, in Washington, D.C. (Al Drago/Getty Images)
Republicans made clear they felt the instances, introduced whereas Trump was a number one presidential candidate, have been pushed by politics and designed to intrude with the 2024 election.
“It was always about politics,” Chairman Jim Jordan, R-Ohio, stated in his opening assertion.
1. Smith collected ‘months’ value of cellphone information on the Republican speaker of the House
Rep. Brandon Gill, R-Texas, grilled Smith over the controversial subpoenas of cellphone data belonging to a number of Republicans. Gill zeroed in on a subpoena that sought about three months of information belonging to former House Speaker Kevin McCarthy in 2023.
“Sixteen days after becoming the highest ranking Republican in the House of Representatives, you subpoenaed his toll records,” Gill stated, asking if Smith felt that would have violated the Constitution.
“I do not,” Smith replied.
“You were collecting months’ worth of phone data on the Republican speaker of the House, the leader of the opposition, right after he got sworn in as speaker. … That sounds like a flagrant violation of the speech or debate clause,” GIll stated.
Smith has repeatedly defended the subpoenas as correct, noting that his crew sought a slender set of information as a part of his 2020 election probe and that the cellphone data didn’t include contents of messages or calls.
“If Donald Trump had chosen to call a number of Democratic senators, we would have gotten toll records for Democratic senators,” Smith stated in a closed-door deposition final month.
2. Issa accuses Smith of ‘spying’
Rep. Darrell Issa, R-Calif., accused Smith of “spying” on the lawmakers whose data have been subpoenaed. Those focused by Smith’s crew included McCarthy, Rep. Mike Kelly, R-Pa., Sens. Marsha Blackburn and Bill Hagerty of Tennessee, Sen. Lindsey Graham, R-S.C., Sen. Ron Johnson, R-Wis., and a number of other others.
Smith additionally obtained court-authorized gag orders that briefly blocked cellphone carriers from notifying the lawmakers of the subpoenas, that means that they had no instant recourse to problem them.
It is frequent follow for prosecutors to hunt gag orders, however Issa demanded to know why Smith didn’t inform the D.C. federal courtroom that the subpoenas pertained to members of Congress, who’ve added layers of immunity below the Constitution.
“Why did Congress, a separate branch that you, under the Constitution, have to respect — why is it that no one should be informed — including the judges?” Issa pressed. “As you went in to spy on these people, did you mention that you were spying on, [that you were] seeking records so you could find out about when conversations occurred between the U.S. speaker of the House and the president?”
Smith has stated he adopted the DOJ’s coverage on the time, which didn’t require him to offer such discover to the courtroom. That coverage has since modified.
3. Former D.C. police officer will get escorted out of listening to after fiery conflict
Former Metropolitan Police Officer Michael Fanone was briefly escorted out of the listening to after a tense trade with Ivan Raiklin, a one-time Army reservist and right-wing operative.
Raiklin referred to as out to Fanone and launched himself amid a packed listening to room, prompting Fanone to show round and say, “Go f— yourself. … Don’t pretend like we’re not mortal enemies.”
The confrontation, which occurred throughout a listening to recess, escalated to a near-physical altercation, as Fanone repeatedly lobbed obscenities at Raiklin and Raiklin instructed Fanone to “control his Tourette syndrome.”
A fellow former officer restrained Fanone, and a police officer guided him out of the listening to room whereas Democrats applauded him. Fanone was violently assaulted through the Jan. 6 assault, in keeping with video footage and courtroom papers, and has since been outspoken towards those that breached the Capitol and attacked officers.
4. Smith predicts DOJ will attempt to indict him
Trump posted on social media through the listening to that Smith was “being DECIMATED” by Republican lawmakers and was a “deranged animal.”
“Hopefully the Attorney General is looking at what he’s done,” Trump wrote.
JACK SMITH DEFENDS SUBPOENAING REPUBLICANS’ PHONE RECORDS: ‘ENTIRELY PROPER’
Attorney General Pam Bondi speaks alongside President Donald Trump at a White House press briefing on this 2025 picture. (Getty Images)
In response to a query about Trump’s submit from Rep. Rebecca Balint, D-Vt., Smith stated he anticipated the DOJ would try and cost him.
“I believe they will do everything in their power to do that, because they have been ordered to by the president,” Smith stated.
Trump later wrote on social media: (*5*)
5. Smith reveals his one remorse about his work
Smith was requested if the extraordinary scrutiny and public threats towards him have made him want he didn’t prosecute Trump.
“I don’t regret it,” Smith stated.
However, when Rep. Kevin Kiley, R-Calif., pressed Smith on the matter, Smith vouched for his workers, who all left or have been fired when Trump took workplace.
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“If I have any regret, it would be not expressing enough appreciation for my staff, who worked so hard on these investigations,” Smith stated, including they “sacrificed endlessly and endured way too much just doing their jobs.”
Fox News’ Breanne Deppisch contributed to this report.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, masking the Justice Department and authorized affairs. Email story tricks to ashley.oliver@fox.com.
