The US Congress has released the transcript of testimony by former Special Counsel Jack Smith, in which he defended his decision to lead two now-defunct criminal investigations into Donald Trump.
The transcript, released on New Year’s Eve by the House Judiciary Committee, is 255 pages. It features questions from lawmakers, and Smith’s robust defense of the attempts to prosecute Trump for illegally retaining classified documents after leaving office, and his alleged attempts to overturn the 2020 election.
Trump pleaded not guilty in both cases, and the prosecutions ended after his re-election.
Since returning to office, Trump has demanded investigations of officials who criminally charged him.
The release also features video of Smith’s nearly eight hours of deposition testimony, which took place behind closed doors earlier this month.
“The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions,” Smith tells lawmakers early in his deposition.
He argues that his investigation, which was launched under President Joe Biden, “developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power”.
He adds that his team “also 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 adds that Trump “repeatedly tried to obstruct justice to conceal his continued retention of those documents”.
The interview with Smith took place on 17 December. Smith was appointed to the role by then-Attorney General Merrick Garland, who resigned from the position two weeks before Trump returned to the White House.
Before Trump returned, Smith wrote a report that concluded there was enough evidence to charge Trump in both investigations. But the cases were dismissed by Trump’s team after he regained control of the government, including the justice department.
Democrats questioning Smith during the deposition focused on Trump seeking retribution, among other topics. The Trump administration fired Smith and his staff.
“I have no doubt that the President wants to seek retribution against me,” Smith said, adding later that the justice department now “wants to seek retribution against anybody who worked on cases against President Trump”.
Representative Jared Moskowitz, a Florida Democrat, asked Smith if he thinks Trump instructed House Judiciary Committee Chair Jim Jordan to call him for a deposition, to which Smith answered that he did not know.
“I’m here in good faith,” he said.
