Jack Smith Deposition Transcript, Video Released by House Committee
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Former Special Counsel Jack Smith (C) leaves for a break while testifying during a closed-door deposition before the House Judiciary Committee in Washington on Dec. 17, 2025. (Chip Somodevilla/Getty Images)
By Jack Phillips
12/31/2025Updated: 12/31/2025

The House Judiciary Committee on Wednesday released its transcript with former special counsel Jack Smith regarding his two cases against President Donald Trump as well as Justice Department efforts to subpoena the phone records of Republican lawmakers.

In the transcript and video, Smith told the Republican-led panel that he believed he had enough evidence to convict Trump on election interference charges that were brought in Washington and charges accusing Trump of illegally retaining classified materials in Florida before they were dropped after his reelection.

“You just made some pretty definitive statements about your belief that President Trump was guilty of these charges. Is that correct?” Chairman Jim Jordan (R-Ohio) asked Smith in the interview, which was conducted on Dec. 17.

Smith responded: “Yes, I believe we had proof beyond a reasonable doubt in both cases.”

Smith also denied that his work was politically motivated.

He said that the “decision to bring charges against President Trump was mine, but the basis for nine of those charges rests entirely with President Trump and his actions, as alleged in the 10 indictments returned by grand juries in two different districts.”

“Our investigation 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,” the former special prosecutor said, adding that “powerful evidence” was found to show that Trump allegedly retained classified documents after leaving the White House in 2021.

Smith had charged Trump in Washington over his challenging the results of the 2020 election, and charged him in Florida with illegally retaining classified documents. Trump had pleaded not guilty to the charges, saying that the cases were politically motivated attempts to harm his reelection campaign.

Smith was also questioned by lawmakers about allegations that his team subpoenaed the phone records of Republican lawmakers, which has drawn their ire, as part of his investigations into Trump.

“When it comes to Members of Congress, though, there are, you know, the Speech or Debate protections, which you totally sidestepped,” one unidentified questioner asked Smith at one point during the interview.

In response, he said that his office took “protections of the Speech or Debate Clause seriously,” and “when we sought these subpoenas, we got approval from Public Integrity, who are the sort of keepers of that issue, and they concurred in us getting these subpoenas.” He was referring to the Department of Justice’s Public Integrity Section.

“They did,” the lawmaker said to Smith in response. “And we saw some of that email traffic, and I would respectfully disagree with their view of the Speech or Debate law, as you might imagine.”

Sens. Marsha Blackburn (R-Tenn.), Bill Hagerty (R-Tenn.), Rick Scott (R-Fla.), Lindsey Graham (R-SC), Josh Hawley (R-Mo.), Tommy Tuberville (R-Ala.), Ron Johnson (R-Wis.), Dan Sullivan (R-Alaska), Cynthia Lummis (R-Wyo.), and Rep. Mike Kelly (R-Pa.) were among those who had their phone records under subpoena.

Grassley said in an Oct. 29 news conference that the Smith subpoenas were part of an alleged attempt to “improperly investigate the entire Republican political apparatus.”

“Contrary to what [Jack] Smith has said publicly, this was clearly a fishing expedition,” Grassley added.

Weeks before Trump took office a second time, Smith released a report in January that defended his special counsel investigation and the charges that were brought. The former special counsel argued that the charges were dropped due to a longstanding Department of Justice policy that discourages the prosecution of sitting presidents, but stressed that he believed in the merits of the charges.

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Jack Phillips is a breaking news reporter who covers a range of topics, including politics, U.S., and health news. A father of two, Jack grew up in California's Central Valley. Follow him on X: https://twitter.com/jackphillips5

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