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Key takeaways from Jack Smith’s testimony to House Judiciary Committee
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Former special counsel Jack Smith used a closed-door deposition with House Republicans last month to defend his investigations into Donald Trump’s alleged effort to subvert the 2020 presidential election and his alleged retention of certain classified documents, using the hours-long testimony to forcefully dispute the notion that his team had acted politically, and citing what he described as ample evidence to support the indictments that had been levied against Trump.
«I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election,» Smith told members of the House Judiciary Committee in the Dec. 17 interview.
The interview was Smith’s first time appearing before Congress since he left his role as special counsel in 2024. And while much of the information was not new, the exchange was punctuated by sharp exchanges with Republicans on the panel, both on the strength of the case, and on his own actions taken during the course of the probe — most recently, on the tolling records his team sought from a handful of Republican lawmakers over the course of the investigation. Republicans have assailed the records as being at odds with the speech or debate clause of the Constitution.
«I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election,» Smith told the committee. «We took actions based on what the facts, and the law required — the very lesson I learned early in my career as a prosecutor.»
Republicans on the panel ultimately opted to publish the redacted transcript on New Year’s Eve, a decision that may have helped dull the impact of any news the 255-page document may have generated amid the broader hustle and bustle of the holiday season.
Here are some of the biggest moments and notable exchanges from the eight-hour hearing.
TRUMP STRIPS SECURITY CLEARANCES FROM LAW FIRM TIED TO JACK SMITH CASES
Special Counsel Jack Smith arrives to remarks on a recently unsealed indictment including four felony counts against former President Donald Trump in Washington, D.C. (Photo by Drew Angerer/Getty Images) (Drew Angerer/Getty Images)
New political tensions
Smith was tapped by former Attorney General Merrick Garland in 2022 to investigate the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump’s keeping of allegedly classified documents at his Mar-a-Lago residence in Palm Beach after leaving office in 2020. Smith had brought charges against Trump in both cases.
The charges were dropped after Trump’s election, in keeping with a longstanding Justice Department policy that discourages investigating sitting presidents for federal criminal charges, and Smith resigned from his role shortly after.
If nothing else, Smith’s Dec. 17 testimony underscored just how much has changed since Trump’s reelection in 2024.
Trump, for his part, has used his first year back in office to follow through on his promises to go after his perceived political «enemies,» including by revoking security clearances of many individuals, including employees of a D.C.-based law firm that represents Smith, and taking other punitive measures to punish or fire FBI agents involved in the Jan. 6, 2021, investigation.
During his testimony last month, Smith fiercely disputed the notion that Trump’s remarks about the 2020 election results would be protected by the First Amendment.
«Absololutely not,» he said in response to a lawyer for Republicans on the House Judiciary Committee.
The lawyer then ticked through a «long list of disputed elections» in U.S. history and former presidents who have spoken out about «what they believed to be fraud,» or other issues regarding election integrity. «I think you would agree that those types of statements are sort of at the core of the First Amendment rights of a presidential candidate, right?»
«There is no historical analog for what President Trump did in this case,» Smith said immediately.
JACK SMITH SUBPOENAED FOR DEPOSITION WITH HOUSE JUDICIARY COMMITTEE
Former President Donald Trump and attorney Todd Blanche return from a lunch break in his trial at Manhattan court in New York on Thursday, April 18, 2024. (Jabin Botsford/The Washington Post via AP, Pool)
‘Powerful’ evidence
Smith told members that the special counsel ultimately gathered evidence against Trump that was, in his view, sufficient to secure a conviction.
«He made false statements to state legislatures, to his supporters in all sorts of contexts and was aware in the days leading up to Jan. 6th that his supporters were angry when he invited them, and then he directed them to the Capitol,» Smith said of Trump’ actions in the run-up to Jan. 6.
«Now, once they were at the Capitol and once the attack on the Capitol happened, he refused to stop it. He instead issued a tweet that, without question in my mind, endangered the life of his own vice president,» Smith added. «And when the violence was going on, he had to be pushed repeatedly by his staff members to do anything to quell it.»
Other possible co-conspirators had not been charged, as Smith noted at one point during the interview.
But Smith said in the testimony that his team had developed «proof beyond a reasonable doubt» that Trump «engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power.»
They’d also developed what he described as «powerful evidence» that Trump willfully retained highly classified documents after leaving office in January 2021 at his private Mar-a-Lago residence, and was obstructing the government’s efforts to recover the records.
Smith’s team had not determined how to proceed for possible ‘co-conspirators’
Smith said that, when the special counsel wound down in the wake of the 2024 elections, his team had not determined whether to charge the key Trump allies who may or may not have acted as co-conspirators, including Rudy Giuliani, Sidney Powell and John Eastman.
«As we stated in the final report, we analyzed the evidence against different co-conspirators,» Smith said. Smith reiterated his allegation that Trump was «the most culpable» and «most responsible» person for the alleged attempts to subvert the 2020 election results.
He said the special counsel had «determined that we did have evidence to charge people at a certain point in time.»
But at the time the investigation was wound down, they had not made «final determinations about that at the time that President Trump won reelection, meaning that our office was going to be closed down.»
FBI OUSTS FORMER ACTING DIRECTOR, AGENT INVOLVED IN J6 PROSECUTIONS, WITH MORE EXPECTED
Former Department of Justice Special Counsel Jack Smith enters a room in the Rayburn House Office Building to give his deposition before the House Judiciary Committee, part of its oversight into DOJ investigations into President Donald Trump, on Capitol Hill in Washington, Wednesday, Dec. 17, 2025. (J. Scott Applewhite/AP Photo)
He lamented the ousting of DOJ, FBI officials
Smith used his opening remarks to lament the ousting of FBI agents and Justice Department officials involved in the Jan. 6 investigations.
«I am both saddened and angered that President Trump has sought revenge against career prosecutors, FBI agents, and support staff simply for doing their jobs and for having worked on those cases,» Smith said.
His remarks came after the FBI in recent months ousted a handful of personnel involved in the Jan. 6 investigations, an effort individuals familiar with the action described to Fox News at the time as an act of «retaliation.»
Thousands of FBI personnel in February were forced to fill out a sprawling questionnaire asking employees detailed questions about any role they may have played in the investigation into the Jan. 6, 2021, U.S. Capitol riots — ranging from whether they had testified in any criminal trials to when they last participated in investigation-related activity.
FBI AGENTS SUE TRUMP DOJ TO BLOCK ANY PUBLIC IDENTIFICATION OF EMPLOYEES WHO WORKED ON JAN. 6 INVESTIGATIONS
Smith’s team didn’t tell the courts that subpoenaed phone records belonged to lawmakers
Smith was grilled during the deposition about the highly scrutinized subpoenas his team issued to phone companies for data belonging to House and Senate lawmakers as part of his investigation, saying they aligned with the Justice Department’s policy at the time.
Smith said the Public Integrity Section signed off on the subpoenas, a point corroborated by records previously released by Grassley’s office.
Those records also showed that the Public Integrity Section told prosecutors to be wary of concerns lawmakers could raise about the Constitution’s speech or debate clause, which gives Congress members added protections.
The subpoenas to the phone companies were accompanied by gag orders blocking the lawmakers from learning about the existence of the subpoenas for at least one year. Smith said the D.C. federal court, which authorized the gag orders, would not have been aware that they applied to Congress members.»I don’t think we identified that, because I don’t think that was Department policy at the time,» Smith said.
Asked during the deposition about who should be held accountable for lawmakers who felt that the seizure of a narrow set of their phone data was a constitutional violation, Smith said Trump should be held accountable.
«These records are people, in the case of the Senators, Donald Trump directed his co-conspirators to call these people to further delay the proceedings,» Smith said.
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«He chose to do that. If Donald Trump had chosen to call a number of Democratic Senators, we would have gotten toll records for Democratic Senators. So responsibility for why these records, why we collected them, that’s — that lies with Donald Trump,» he said.
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At least one House Democrat is praising President Donald Trump’s capture of Nicolás Maduro after the U.S. conducted surprise strikes in Venezuela overnight Saturday night.
«The capture of the brutal, illegitimate ruler of Venezuela, Nicolás Maduro, who oppressed Venezuela’s people is welcome news for my friends and neighbors who fled his violent, lawless, and disastrous rule. However, cutting off the head of a snake is fruitless if it just regrows,» Rep. Debbie Wasserman Schultz, D-Fla., wrote on X.
«Venezuelans deserve the promise of democracy and the rule of law, not a state of endless violence and spiraling disorder. My hope is it offers a passage to true democracy and liberation. This action offers beleaguered Venezuelans a chance to seat their true, democratically elected president, Edmundo González.»
She criticized the GOP administration for apparently failing to notify Congress beforehand, however.
Rep. Debbie Wasserman Schultz speaks during a press conference on new legislation to support Holocaust education nationwide at the U.S. Capitol Building on January 27, 2023, in Washington, D.C. (Anna Moneymaker/Getty Images)
«I’ll demand answers as to why Congress and the American people were bypassed in this effort. The absence of congressional involvement prior to this action risks the continuation of the illegitimate Venezuelan regime. Congress must be properly informed and hold hearings on this invasion. As always, I will work to bring about the promise of a liberated Venezuela,» she wrote.
Wasserman Schultz’s home state of Florida is notably home to a significant number of Venezuelan refugees, as well as refugees from other communist Latin American dictatorships like Cuba.
Her response to the U.S. operation is far different from the majority of her colleagues on the left, however.
Congressional Democrats are largely accusing Trump of green-lighting illegal actions in Venezuela after the U.S. carried out multiple strikes and captured Maduro and his wife.
While some responses were more muted than others, the majority of Democratic lawmakers argued that the Trump administration undermined U.S. law with the operation.
«The Trump administration launched a large-scale military attack on a sovereign nation and kidnapped its sitting president, without congressional approval and without consideration of any of the consequences their illegal actions may bring,» Rep. Yvette Clarke, D-N.Y., wrote on X. «This act of aggression is unconstitutional, un-American, and a direct threat to our democracy.»
Sen. Ruben Gallego, D-Ariz., who served with the U.S. Marine Corps during the Iraq War, echoed a similar line.
LIVE UPDATES: TRUMP CONFIRMS OVERNIGHT STRIKES IN VENEZUELA, SAYS US HAS ‘CAPTURED’ MADURO
Democrats, like Sen. Ruben Gallego and Rep. Eric Swalwell, are accusing President Donald Trump of waging an illegal war with Venezuela. (Andrew Harnik via Getty Images; Joe Raedle via Getty Images; John Lamparski via Getty Images)
«There is no justification for the United States to be at war with Venezuela. I lived through the consequences of an illegal war sold to the American people with lies. We swore we would never repeat those mistakes. Yet here we are again,» Gallego said in his own statement.
Rep. Eugene Vindman, D-Va., another military veteran, accused Trump of running afoul of the Constitution.
«Let there be no mistake, President Trump has started a war in Venezuela, without any congressional approval, and in violation of the Constitution. Over the past 2 decades, we have learned the hard way that wars are easy to start and hard to finish,» Vindman wrote on X.
«A plan rarely survives first contact. Having served in Iraq, I’ve seen this firsthand. Trump is wrong to start a war in Venezuela. It is not what the American people want, it is not putting America first, and it is not worth American blood and treasure.»
Rep. Eric Swalwell, D-Calif., was more blunt in his assessment.
«When I talk to Californians, you know what ranks lowest on their priorities? Illegally going to war with Venezuela. Just lower the damn prices,» Swalwell wrote on X.
Rep. Rashida Tlaib, D-Mich., wrote, «Trump’s illegal and unprovoked bombing of Venezuela and kidnapping of its president are grave violations of international law and the U.S. Constitution. These are the actions of a rogue state.»
Other Democrats were more muted in their criticism, instead focusing on calling for more information from the White House.
VENEZUELA ARRESTS MORE AMERICANS AS TRUMP RAMPS UP PRESSURE ON MADURO: REPORT
Venezuelan President Nicolás Maduro addresses supporters during a rally marking the anniversary of the 19th-century Battle of Santa Ines in Caracas, Dec. 10, 2025. (Pedro Rances Mattey/Anadolu via Getty Images)
«While I strongly oppose the illegitimate regime of Nicolás Maduro, President Trump’s military action was a serious constitutional violation,» said Rep. Adriano Espaillat, D-N.Y. «The Trump administration does not have sole authority to commit such acts, and I reaffirm my position that Congress must be fully informed before the U.S. engages in hostilities towards another nation. I urge for an immediate and full briefing for Members of Congress following ongoing developments in Venezuela and the subsequent long-term consequences in the region.»
The top two Democrats in Congress were similarly critical but cautious.
«Far too many questions remain unanswered, including with respect to whether further military actions are planned. First, how many American troops remain on the ground in Venezuela? Second, what does America is going to run Venezuela until a judicious transition takes place mean?» House Minority Leader Hakeem Jeffries, D-N.Y., wrote in a statement.
«Third, were these military strikes about seizing foreign oil to benefit friends of the Trump administration? Fourth, why did Donald Trump pardon the former Honduran President, a narco-trafficker convicted in an American court of law, but is willing to take us to war in Venezuela in connection with similar allegations.»
Senate Majority Leader Chuck Schumer, D-N.Y., called Maduro an «illegitimate leader» but added, «The idea that Trump plans to now run Venezuela should strike fear in the hearts of all Americans. The American people have seen this before and paid the devastating price.»
«To distract from skyrocketing costs Americans face and the historic cover-up of the Epstein files, Donald Trump is attempting to throw Americans into more international chaos and uncertainty,» Schumer said.
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It comes after Trump announced on Truth Social that the U.S. had «successfully carried out a large-scale strike against Venezuela» and its leader.
He said Maduro and his wife were captured and flown out of the country.
Attorney General Pam Bondi subsequently said both were indicted in the Southern District of New York, one of the largest federal prosecutorial offices in the U.S.
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What is Delta Force and what does it do? Inside the elite US Army unit that captured Maduro
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President Donald Trump confirmed that Delta Force — the U.S. Army’s most elite counterterrorism and direct-action unit — carried out the daring overnight operation in Venezuela that led to the capture of dictator Nicolás Maduro and his wife.
Delta Force, officially known as 1st Special Forces Operational Detachment–Delta, specializes in high-risk missions involving the capture or killing of high-value targets, as well as other sensitive operations that require speed, secrecy and precision.
The unit operates under U.S. Special Operations Command and is typically deployed when missions carry significant political or strategic stakes.
According to Military.com, Delta Force is based at Fort Bragg, North Carolina, the hub of U.S. Army special operations training. The unit has previously been involved in some of the most consequential U.S. military operations, including the 2003 capture of Saddam Hussein. The secretive unit also conducted numerous counterterrorism missions in Afghanistan and elsewhere in the Middle East, targeting senior al-Qaeda figures.
FROM BUS DRIVER TO DICTATOR: NICOLÁS MADURO’S RISE AND FALL IN VENEZUELA
U.S. military personnel stand aboard the Wasp-class amphibious assault ship USS Iwo Jima while docked at Rafael Cordero Santiago Port of the Americas in Ponce, Puerto Rico, on Dec. 16, 2025. (Miguel J. Rodriguez Carrillo / AFP via Getty Images)
Delta Force is commanded by a senior Army officer, but the identity of the unit’s leader is also kept classified, as is the exact size of the unit.
It is unclear how many members took part in the Venezuela operation.
During the raid, U.S. Army helicopters from the 160th Special Operations Aviation Regiment, known as the «Night Stalkers,» flew the special operations forces into Venezuela, officials said.
At least seven explosions were heard in Venezuela’s capital, Caracas, and low-flying aircraft were seen over the city at about 2 a.m. local time, according to reports.
The CIA provided intelligence to the Department of War that helped guide Delta Force to Maduro and his wife, whom President Donald Trump said were apprehended during the U.S. military operation.
Officials emphasized that while the CIA played a critical role in tracking and locating Maduro, U.S. military special operations forces carried out the physical capture.
MARIA CORINA MACHADO EMERGES AS TOP POTENTIAL SUCCESSOR AFTER MADURO’S FALL
Smoke rises from Fort Tiuna, the main military garrison in Caracas, Venezuela, after multiple explosions were heard and aircraft swept through the area, Saturday, Jan. 3, 2026. (AP Photo/Matias Delacroix)
Trump told «FOX & Friends Weekend» early Saturday that U.S. military personnel involved in the operation «did an incredible job.»
«They rehearsed and practiced like nobody’s ever seen,» Trump said. «And I was told by real military people that there’s no other country on earth that could do such a maneuver.»
Trump said he watched the operation unfold in real time.
«The whole maneuver of the landings, the number of aircraft — which were massive — the number of helicopters, different types of helicopters, different types of fighter jets,» Trump said. «We had a fighter jet for every possible situation.»
«They just broke in and they broke into places that were not really able to be broken into,» he added. «I’ve never seen anything like it.»
Trump said Maduro was inside a fortified residence but was captured before he could reach a secure area.
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Maduro and his wife were taken aboard the USS Iwo Jima and are expected to be transported to the United States. (Getty Images)
Trump also said there were injuries during the operation but no U.S. fatalities and no aircraft losses.
Maduro and his wife were taken aboard the USS Iwo Jima and are expected to be transported to the United States, where they could appear in federal court in New York City as soon as Monday, Fox News has learned.
Fox News’ Rachel Wolf, David Spunt, Jennifer Griffin and Lucas Tomlinson contributed to this report.
world,military,south america,donald trump,wars,politics,world politics
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🔴URGENTE – Trump aseguró que «Nicolás Maduro y su esposa han sido capturados y sacados de Venezuela»
