On Wednesday, the House Judiciary Committee released the 255-page transcript and video of the deposition of former special counsel Jack Smith before the committee earlier this month.
Smith’s Non-Existent Powerful Evidence
During his opening statements, Smith said he and his team “developed powerful evidence that showed that President Trump willfully retained highly classified documents after he left office in January of 2021, storing them at his social club, including in a ballroom and a bathroom. He then repeatedly tried to obstruct justice to conceal his continued retention of those documents.”
Smith had no evidence that any of the so-called “classified documents” he claimed to have found were in boxes temporarily stored in MAL ballroom or bathroom after the president left the White House.
Not a Political Prosecution?
He added, “I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 Presidential election. We took our actions based on the facts and the law, the very lessons I learned early in my career as a prosecutor. We followed Justice Department policies and observed legal requirements.”
“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 said.
This is the person who had no problem with Joe Biden stealing documents from a SCIF and storing them in unsecured locations like his garage and a university closet. It was illegal for Biden to take confidential documents. President Trump was allowed to declassify the documents and take them for his memoirs. Biden was not.
A person in the hearing asked, “You just made some pretty definitive statements about your belief that President Trump was guilty of these charges. Is that correct?” Smith replied, “yes, I believe we had proof beyond a reasonable doubt in both cases.”
The person then asked, “And doesn’t the Justice Manual prohibit prosecutors from asserting that a defendant is guilty of something before a jury makes a determination?” Smith said, “When a case is pending, yes.”
His Powerful Evidence Relied on a Witness Who Only Had Hearsay
He eventually agreed that “it’s the role of a jury, not the special counsel, to weigh the facts and determine guilt,” to which Smith replied, “ultimately, yes.”
Smith admitted that President Trump never ordered the Capitol riot. But he claimed Trump “caused,” “exploited,” and “foreseeably incited” the riot and then failed to stop it.
He admitted that a key Jan 6 witness relied on hearsay, lacked firsthand evidence. His witness was the credibly accused liar Cassidy Hutchinson.
His Secrets
The New York Post: Jack Smith admitted that judges weren’t made aware his team was seizing Republicans’ phone records when asked to sign off on non-disclosure orders for associated subpoenas, according to a transcript of the ex-special counsel’s deposition released Wednesday.
Smith said it was hidden because it was necessary to avoid a “grave risk of obstruction of justice.”
#NEWS: Jack Smith deposition transcript released.
Read it here: https://t.co/desuS1ZoRS
Watch the deposition here: https://t.co/JL65q4GnFE
— House Judiciary GOP 🇺🇸🇺🇸🇺🇸 (@JudiciaryGOP) December 31, 2025
Julie Kelly Reported
One of his many misrepresentations and lies:
Smith was extremely aware of the 2024 election calendar. That is why he took what he himself described as the “extraordinary” step in asking the Supreme Court to bypass the DC appellate court.
This was the next normal step– in considering Judge Chutkan’s Dec. 2023 order denying all forms of presidential immunity from criminal prosecution and taking up the immunity question immediately. (SCOTUS denied his request; Chutkan’s order was upheld by a 3-judge panel in February 2024, which was then considered by SCOTUS in April. On July 1, 2024, SCOTUS issued its decision providing for a broad swath of immunity for acts in office, resulting in a major gutting of Smith’s J6 indictment.)
NEW: Jack Smith’s transcript released.
🧵on his misrepresentations, falsehoods, and straight up lies told by the special counsel to THE House Judiciary Committee on Dec 17.
Smith had no evidence that any of the so-called “classified documents” he claimed to have found were in boxes… pic.twitter.com/CjDWJyRNRq
— Julie Kelly 🇺🇸 (@julie_kelly2) December 31, 2025
Jesus said, “You are of your father the devil, and the desires of your father you want to do. He was a murderer from the beginning, and does not stand for the truth, because there is no truth in him. When he speaks a lie, he speaks from his own resources, for he is a liar and the father of… Read more »
Trump was saved by a decent judge who justifiably ridiculed the prosecution several times for its abuses. She even said Smith was illegally appointed. The list of things the DOJ must do to save the USA had another item added, the massive theft conspiracy of the Somalians. There has to be things the DOJ could go after Smith for. His… Read more »