Former special counsel Jack Smith told lawmakers in a closed-door deposition earlier this month that he pursued criminal charges against President Donald Trump only after concluding his office had “proof beyond a reasonable doubt” in both the 2020 election interference case and the classified documents case.
According to a transcript of the deposition released Wednesday by the House Judiciary Committee, Smith strongly rejected Republican claims that his decisions were politically motivated or influenced by pressure from then-President Joe Biden or Attorney General Merrick Garland.
When asked repeatedly whether any such political influence played a role, Smith responded simply: “No.”
The deposition took place on Dec. 17, but just over an hour before Smith’s testimony began, the Department of Justice sent an email to his attorneys restricting what he could say about the classified documents case. As a result, Smith was unable to answer most questions related to that matter, according to the 255-page transcript.
Because of those limitations, the questioning focused largely on the 2020 election interference case. The deposition was requested by Republicans who have alleged that the DOJ was “weaponized” against Trump and his associates.
Smith’s attorneys said the DOJ also declined to provide a department lawyer to advise him during the deposition on what he could or could not discuss. Even so, Smith stated that Trump “obstructed” the classified documents investigation by attempting to conceal his continued possession of sensitive materials.
Trump has repeatedly denied wrongdoing in both cases — which marked the first time a former U.S. president faced felony charges — and has characterized the prosecutions as a political “witch hunt.”
Smith, a frequent target of Trump’s criticism, ultimately dismissed both cases following Trump’s reelection, citing longstanding Justice Department policy that bars the prosecution of a sitting president.
In his final report, Smith wrote that “but for Mr. Trump’s election and imminent return to the presidency,” prosecutors believed the evidence was sufficient to secure convictions at trial.
The release of the deposition transcript provides new insight into Smith’s rationale and the internal constraints surrounding the now-dismissed cases, even as political debate over the investigations continues.
























