Jack Smith Asserts Evidence Against Trump in Closed Hearing

Former Justice Department Special Counsel Jack Smith provided lawmakers with a significant update during a closed-door interview on December 17, 2025. According to parts of his opening statement obtained by the Associated Press, Smith claimed his team has developed “proof beyond a reasonable doubt” that former President Donald Trump engaged in a criminal conspiracy to overturn the results of the 2020 election.

Smith’s remarks come as part of ongoing investigations into Trump’s actions during and after the election. He noted that his team has gathered “powerful evidence” suggesting that Trump illegally retained classified documents from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructed government efforts to recover those materials.

During the deposition, Smith emphasized that his decisions throughout the investigation were made independently of Trump’s political affiliations or aspirations. “I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 election,” Smith stated. He reinforced that the actions taken were based solely on the facts and the law.

Details of the Investigation and Testimony

Smith’s private testimony before the House Judiciary Committee marked a pivotal moment for lawmakers seeking clarity on the investigations that led to previously abandoned criminal charges against Trump. Subpoenaed earlier that month, Smith cooperated with the committee’s demands, despite having previously offered to testify publicly—a proposal his legal team claims was not accepted by Republican members.

One of Smith’s attorneys, Lanny Breuer, expressed that Smith’s willingness to testify demonstrates significant courage, especially in light of what he described as a “remarkable and unprecedented retribution campaign” against Smith by the current administration. Breuer asserted, “Jack Smith is a career prosecutor, who conducted this investigation based on the facts and based on the law and nothing more.”

Trump, addressing the media at the White House, indicated his preference for an open hearing, stating, “I’d rather see him testify publicly. There’s no way he can answer the questions.”

Future Implications and Congressional Interests

Smith is expected to discuss the dual investigations into Trump’s actions but will refrain from answering questions that pertain to grand jury materials, which are legally protected. He is also anticipated to address what he perceives as mischaracterizations from Republican lawmakers regarding his team’s methods, particularly concerning the analysis of cellphone records from select GOP members related to the events of January 6, 2021.

Appointed in 2022, Smith oversaw the Justice Department’s inquiries into Trump’s attempts to overturn his electoral defeat and the improper retention of classified documents. His investigations resulted in multiple charges, which were ultimately abandoned when Trump was re-elected in 2024. This decision was based on legal opinions asserting that a sitting president cannot face indictment.

As congressional Republicans continue to pursue interviews with members of Smith’s investigative team, the focus remains on the implications of his findings and the broader context of Trump’s actions in the lead-up to and following his presidency. The analysis of phone records related to January 6 has become a focal point of inquiry, emphasizing the ongoing scrutiny of the former president’s conduct.

Smith’s testimony and the surrounding investigations represent a critical chapter in the ongoing examination of Trump’s presidency and its lasting impact on American politics.