5 key takeaways from Jack Smith's deposition on the Trump probes
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Special Counsel Jack Smith on Aug. 1, 2023 in Washington, DC. Photo: Drew Angerer/Getty Images)
The House Judiciary Committee on Wednesday released former special counsel Jack Smith's 255-page deposition transcript, shedding new light on his investigation and indictments of President Trump.
The big picture: Although Smith's testimony earlier this month was conducted behind closed doors, his request to release the full transcript underscores his confidence in his team's work and conclusions — despite Trump's threats to prosecute him.
Here are five takeaways from Smith's testimony.
1. Jan. 6 probe wasn't about the 2024 election, Smith claims
- Smith said the evidence surrounding the Jan. 6 attack on the Capitol showed Trump was "the most culpable and most responsible person in this conspiracy," adding that the attack wouldn't have happened without him.
- "I entirely disagree with any characterization that our work was in any way meant to hamper him in the Presidential election," he said.
- He testified that, in the weeks leading up to Jan 6. Trump fostered "distrust" and made "false statements" to inflame supporters before directing them to the Capitol.
- Smith added that during the attack, Trump "refused to stop it," intervening only after repeated pressure from members of his staff.
2. Smith defends subpoenaing congressional leaders' phone records
- FBI Director Kash Patel earlier this year shut down the bureau unit tasked with investigating public corruption after it was revealed that the phone records from nearly a dozen Republican senators were obtained during Smith's investigation into Trump's alleged efforts to overturn the 2020 election.
- When asked about the decision to subpoena lawmakers' phone records, Smith said his team sought the information "in a manner consistent with the law" and department policy.
- Smith also rejected claims of his team "tapping" the phone of Sen. Josh Hawley (R-Mo.), calling that characterization "inaccurate."
3. Trump obstructed recovery of classified documents — Smith says
- Smith emphasized that the decision to bring charges in the Mar-a-Lago classified documents case was rooted in the facts and the law.
- He said the investigation uncovered "powerful evidence" that Trump willfully retained the materials and consistently "tried to obstruct justice" to maintain possession of them.
- Smith noted that he could not discuss many specifics because a significant portion of the material remains restricted by law or court order.
4. Smith says he would have investigated any president
Smith repeatedly denied claims that he accepted the special counsel role to prosecute Trump ahead of the 2024 election, saying he "one hundred percent" would have accepted the job regardless of who was president.
- He said he would have accepted the role even if former presidents Biden or Obama were in office.
- Smith also testified that Biden never instructed him on what to pursue or avoid during the investigation and said he never discussed the matter with the former president.
5. Smith refuses to disclose potential Patel interview
Smith declined to say whether his team interviewed Patel during the investigation, citing an "injunction" from U.S. District Judge Aileen Cannon.
- After being asked twice about whether Patel testified before the grand jury during the investigation, Smith said: "I cannot answer that question due to Judge Cannon's injunction."
- Smith noted that if Patel did testify, Patel himself would be free to disclose that testimony.
The White House did not immediately respond to Axios' request for comment.
Go deeper: Facing Trump's wrath, Jack Smith requests public hearing in House GOP probe
Editor's note: This story has been corrected to say Aileen Cannon is a U.S. district judge (not U.S. attorney).
