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Former United States Special Counsel Jack Smith has defended his prosecution of President Donald Trump, rejecting Republican claims that the cases were politically motivated.
Testifying earlier lawmakers astatine the House Judiciary Committee, Smith said the 2 national cases, 1 implicit Trump’s handling of classified documents and the different implicit efforts to overturn the 2020 election, were based connected evidence, not politics.
Both cases were dropped aft Trump was re-elected successful November 2024, successful enactment with longstanding Department of Justice argumentation barring the probe oregon prosecution of a sitting president. Smith resigned soon earlier Trump’s inauguration successful January 2025.
The proceeding marked the archetypal clip the US nationalist heard astatine magnitude from Smith since his resignation. He told the sheet that helium expected Trump’s Justice Department to effort to bring transgression charges against him.
These are the cardinal takeaways:
What specifics bash we cognize astir the cases?
Smith, a nationalist corruption prosecutor, was appointed successful November 2022 to oversee the investigations into Trump.
These are the 2 cases helium investigated:
Classified documents
Smith investigated Trump’s alleged mishandling of classified documents aft helium near bureau astatine the extremity of his archetypal term.
The transgression lawsuit included 31 counts nether the US Espionage Act for the willful retention of nationalist defence information, each punishable by up to 10 years successful prison. Separate charges accused Trump of conspiring to obstruct justness and making mendacious statements to investigators.
Prosecutors alleged that Trump removed highly delicate documents from the White House erstwhile helium near bureau successful 2021 and aboriginal stored them astatine his Mar-a-Lago property successful Florida.
An aerial presumption of US President Donald Trump’s Mar-a-Lago property successful Palm Beach, Florida, wherever prosecutors allege helium held apical concealed documents, connected August 15, 2022 [File: Marco Bello/Reuters]2020 predetermination results
The 2nd lawsuit focused connected Trump’s efforts to overturn the results of the 2020 statesmanlike election, which helium mislaid to Joe Biden. Prosecutors argued that Trump sought to artifact the lawful transportation of powerfulness aft the vote, alternatively than judge the outcome.
The charges followed a wide-ranging probe into the events starring up to the January 6, 2021 onslaught connected the US Capitol. Trump was indicted connected 4 counts, including conspiracy to defraud the US and conspiracy against the rights of voters.
Smith did not impeach Trump of straight inciting the Capitol riot. Instead, the lawsuit centred connected Trump’s actions successful the weeks betwixt his predetermination decision and the unit successful Washington, examining efforts to unit officials, beforehand mendacious claims of fraud and interfere with the certification of the predetermination results.
What were the main takeaways from Thursday’s testimony?
‘No 1 should beryllium supra the law’
Smith said his probe into Trump was driven by grounds and the law.
“We followed the facts and we followed the law. Where that led america was to an indictment of an unprecedented transgression strategy to artifact the peaceful transportation of power,” Smith said.
“Our probe developed impervious beyond a tenable uncertainty that President Trump engaged successful transgression activity. If asked whether to prosecute a erstwhile president based connected the aforesaid facts today, I would bash truthful careless of whether that president was a Republican oregon a Democrat,” Smith said successful his opening remarks.
“No 1 should beryllium supra the instrumentality successful this country, and the instrumentality required that helium beryllium held to account. So that is what I did,” Smith added.
Still, the peculiar counsel said helium stopped abbreviated of filing a complaint of insurrection against Trump. That was pursued successful the House impeachment of Trump successful the aftermath of January 6, though the president was acquitted of the sole number of incitement of an insurrection by the Senate.
Cassidy Hutchinson
Republicans person agelong focused connected challenging the grounds of erstwhile White House adjutant Cassidy Hutchinson, which was a cardinal infinitesimal successful the legislature probe into the January 6 attack.
Hutchinson told the committee she had been informed that Trump tried to drawback the steering instrumentality of his statesmanlike conveyance arsenic helium demanded to spell to the US Capitol. Other witnesses aboriginal disputed that account.
During the hearing, Republican Representative Jim Jordan, the committee’s chair, pressed Jack Smith connected the episode. “Mr Smith, is Cassidy Hutchinson a liar?” Jordan asked.
Smith said Hutchinson’s relationship was second-hand and that investigators were incapable to corroborate it. He said the Secret Service cause successful the conveyance astatine the clip did not backmost up the claim.
Jordan pressed whether Smith would person brought Hutchinson guardant to attest anyway, and Smith said helium had not made “any last determinations”.
Cassidy Hutchinson, erstwhile adjutant to Trump White House main of unit Mark Meadows, testifies earlier the January 6 committee [Andrew Harnik/AP Photo]Jordan seized connected that response, arguing it showed prosecutors were determined to spell aft Trump.
In fact, Smith said, 1 of the “central challenges” of the lawsuit was to contiguous it successful a concise way, “because we did person truthful galore witnesses” – authorities officials, Trump run workers and advisers – to testify.
“Some of the astir almighty witnesses were witnesses who, successful fact, were chap Republicans who had voted for Donald Trump, who had campaigned for him and who wanted him to triumph the election,” Smith added.
‘Threats to democracy’
One Democrat, Representative Pramila Jayapal of Washington, asked however helium would picture the consequences – for US ideology – of not holding Trump accountable for alleged violations of the instrumentality and his oath.
“If we bash not clasp the astir almighty radical successful our nine to the aforesaid standards of the regularisation of law, past it tin beryllium catastrophic,” Smith said.
“Because if they don’t person to travel the law, it’s precise casual to recognize wherefore radical would deliberation they don’t person to travel the instrumentality arsenic well.”
Smith continued, “If we don’t clasp radical to relationship erstwhile they perpetrate crimes, that it sends a connection that those crimes are OK, that our nine accepts that… It tin endanger our predetermination process, it tin endanger predetermination workers, and yet our democracy.”
Former Justice Department Special Counsel Jack Smith [Mark Schiefelbein/AP]‘I don’t get it’
Smith sharply criticised Trump’s determination to contented wide pardons for radical convicted successful transportation with the January 6, 2021 onslaught connected the US Capitol.
On his archetypal time backmost successful office, Trump granted clemency to each those charged implicit the riot, including hundreds who had been accused oregon convicted of assaulting constabulary officers.
When asked astir the move, Smith said: “The radical who assaulted constabulary officers and were convicted aft trial, successful my presumption and I deliberation successful the presumption of the judges who sentenced them to prison, are unsafe to their communities. As you mentioned, immoderate of these radical person already committed crimes against their communities again, and I deliberation each of america – if we are tenable – cognize that determination is going to beryllium much crimes committed by these radical successful the future.
“I bash not recognize wherefore you would wide pardon radical who assaulted constabulary officers,” Smith said connected Thursday. “I don’t get it. I ne'er will.”
According to reports, astatine slightest 140 constabulary officers were injured during the Capitol attack.
Smith defends his work
Republican lawmakers sought to represent Smith arsenic an overly assertive authoritative who needed to beryllium restrained by elder Justice Department officials arsenic helium pursued cases against Trump earlier the erstwhile president’s imaginable instrumentality to office.
They focused, successful particular, connected Smith’s determination to get telephone records for members of Congress, including then–House Speaker Kevin McCarthy, arguing the determination amounted to overreach.
In a heated exchange, Republican Representative Brandon Gill of Texas accused Smith of utilizing nondisclosure orders to “hide” subpoenas from some their targets and the public.
Smith rejected those claims, saying the postulation of telephone records was a regular investigative measurement aimed astatine knowing the “scope of the conspiracy” to overturn the 2020 election.
“My bureau didn’t spy connected anyone,” Smith said.
He added that nondisclosure orders were sought due to the fact that of concerns astir witnesser intimidation, pointing to Trump’s nationalist warnings that helium would beryllium “coming after” radical who crossed him.
“I had sedate concerns astir obstruction of justness successful this investigation, specifically with regards to Donald Trump,” Smith said.
Smith said prosecutors are not required “to hold until idiosyncratic gets killed earlier they determination for an bid to support the proceedings”.
Former Special Counsel Jack Smith arrives to attest earlier the House Judiciary Committee [Kevin Lamarque/Reuters]Trump responds
Trump appeared to beryllium pursuing Smith’s grounds live, posting connected Truth Social arsenic the proceeding unfolded and praising Republicans for their attacks connected the erstwhile peculiar counsel.
“Deranged Jack Smith is being DECIMATED earlier Congress. It was implicit erstwhile they discussed his past failures and unfair prosecutions,” Trump wrote. “He destroyed galore lives nether the guise of legitimacy. Jack Smith is simply a deranged animal, who shouldn’t beryllium allowed to signifier Law.”
Trump framed the investigations arsenic a “Democrat SCAM” and said those progressive should “pay a large price”.
Trump has deployed akin tactics successful the past, utilizing his societal media relationship successful September to nonstop the Justice Department to indict other critics of his actions, including New York Attorney General Letitia James and erstwhile FBI Director James Comey.
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