Jack Smith Testimony: Former Special Counsel Says Trump ‘Caused Jan. 6’ in Defiant House Hearing

Former Special Counsel Jack Smith delivered his first public testimony before Congress on Thursday, and he did not mince words: Donald Trump caused the January 6 attack on the Capitol, the evidence against him was overwhelming, and no amount of presidential threats will silence him.

Appearing before the House Judiciary Committee, Smith offered a rare glimpse into the prosecutorial mindset behind two federal indictments of a sitting president. What emerged was a portrait of a prosecutor who remains utterly convinced of his case, even as the political winds have shifted dramatically against him.

“Donald Trump Is the Person Who Caused Jan. 6”

Smith was unequivocal from his opening statement. “Our investigation revealed that Donald Trump is the person who caused Jan. 6, that it was foreseeable to him and that he sought to exploit the violence,” he testified. “We followed the facts and we followed the law, and where that led us was to an indictment of an unprecedented criminal scheme to block the peaceful transfer of power.”

The former special counsel told lawmakers his investigation developed “proof beyond a reasonable doubt” that Trump engaged in criminal activity. If asked to bring the same charges today under identical circumstances, Smith said he would do so “regardless of whether that president was a Democrat or a Republican.”

“No one should be above the law in this country, and the law required that he be held to account,” Smith declared. “To have done otherwise on the facts of these cases would have been to shirk my duties as a prosecutor and as a public servant.”

A Warning About the Rule of Law

Perhaps the most striking moment came when Smith issued a sobering warning to the American public about democratic fragility. “I have seen how the rule of law can erode,” he said. “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.”

“But the rule of law is not self-executing,” Smith continued. “It depends on our collective commitment to apply it. It requires dedicated service on behalf of others, especially when that service is difficult and comes with costs.”

Smith reminded the committee that 140 law enforcement officers were injured during the January 6 riot, a fact Americans should “never forget.” He described Trump’s actions as a calculated scheme: attempting to induce state officials to ignore legitimate vote counts, manufacturing fraudulent slates of electors in seven states, pressuring Vice President Mike Pence to violate his oath, and ultimately directing an angry mob to the Capitol to obstruct certification.

Trump Wasn’t Looking for Answers, He Was Looking for Power

Under questioning, Smith offered insight into Trump’s mindset following the 2020 election. The former president “was not looking for honest answers about whether there was fraud in the election,” Smith testified. “He was looking for ways to stay in power. And when people told him things that conflicted with him staying in power, he rejected them or he chose not even to contact people like that.”

Smith highlighted witnesses who would have been particularly damaging to Trump at trial, including Georgia Secretary of State Brad Raffensperger, who “told Donald Trump the truth, told him things that he did not want to hear and put him on notice that what he was saying was false.”

Neither of Smith’s cases ever reached a jury. The classified documents prosecution was dismissed by Judge Aileen Cannon, who ruled Smith’s appointment was unconstitutional. The January 6 case was dropped after Trump won the 2024 election, in accordance with Justice Department policy against prosecuting sitting presidents. Smith made clear the only person responsible for avoiding trial was Trump himself.

“I Will Not Be Intimidated”

Trump, apparently watching the proceedings in real time, fired off attacks on Truth Social throughout the hearing. “Deranged Jack Smith is being DECIMATED before Congress,” Trump wrote. “Jack Smith is a deranged animal, who shouldn’t be allowed to practice Law.”

The president went further, calling for his Justice Department to investigate Smith. “Hopefully the Attorney General is looking at what he’s done, including some of the crooked and corrupt witnesses that he was attempting to use in his case against me.”

Smith declined to respond directly to Trump’s social media barrage from the witness table. But he made his position clear: “The statements are meant to intimidate me. I will not be intimidated. I think these statements are also made as a warning to others what will happen if they stand up.”

Smith told lawmakers he fully expects the Trump Justice Department to find a way to punish him. “I am eyes wide open that this president will seek retribution against me if he can,” he acknowledged. The Justice Department has already moved to bring criminal charges against two of the president’s perceived foes.

Republicans Attack, Democrats Defend

The hearing played out along predictable partisan lines. Committee Chairman Jim Jordan opened by framing Smith’s investigations as the latest chapter in a decade of Democratic persecution of Trump. “It was always about politics and to get President Trump, they were willing to do just about anything,” Jordan declared.

Republicans hammered Smith on his team’s collection of phone records from GOP lawmakers who had been in contact with Trump allies around January 6. Jordan accused Smith of attempting to “stop President Trump from running” in 2024.

“I am not a politician and I have no partisan loyalties,” Smith responded. “My office didn’t spy on anyone.”

California Republican Darrell Issa was among the most aggressive, comparing Smith to Nixon’s operatives. “You, like the president’s men for Richard Nixon, went after your political enemies,” Issa charged.

Democrats struck a sharply different tone. Ranking member Jamie Raskin praised Smith for following the facts and applicable law. “Your decisions were reviewed by the Public Integrity section. You acted based solely on the facts, the opposite of Donald Trump.”

Representative Eric Swalwell called the Republican attacks “a joke,” predicting history would “harshly judge them.”

The Classified Documents Report Remains Under Seal

One area Smith tread carefully around was the classified documents investigation. A second volume of his final report concerning Trump’s handling of sensitive materials found at Mar-a-Lago remains blocked from public release by Judge Cannon.

Smith told lawmakers he did “not want to do anything to violate” Cannon’s order and has not reviewed his own report since submitting it to then-Attorney General Merrick Garland in early 2025. Trump’s legal team filed a fresh plea this week asking Cannon to permanently bar current, former, and future Justice Department officials from ever releasing the findings.

When asked about regrets, Smith offered perhaps the most human moment of the proceedings. If he could do anything differently, he said, he would have expressed more appreciation for members of his team who “sacrificed” so much during their government service.

Smith’s appearance marks a potential turning point in his own legal exposure. He is under investigation by the Office of Special Counsel (a separate agency from his former position) in what his lawyers have called an “imaginary and unfounded” ethics probe. With Trump calling for his prosecution and a loyal Justice Department at the president’s disposal, Smith’s defiant testimony may prove to be the opening statement in his own defense.