Former Justice Department Special Counsel Jack Smith informed lawmakers during a closed-door interview on December 17, 2025, that his team has established “proof beyond a reasonable doubt” of Donald Trump’s criminal conspiracy to overturn the results of the 2020 election. This revelation came from excerpts of Smith’s opening statement, which were obtained by The Associated Press.
During the deposition before the House Judiciary Committee, Smith indicated that his investigation uncovered “powerful evidence” suggesting Trump illegally retained classified documents from his presidency at Mar-a-Lago, his estate in Palm Beach, Florida. He also claimed that Trump obstructed government efforts to retrieve these records.
Smith emphasized his commitment to impartiality, stating, “I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 election.” He affirmed that his actions were guided solely by the facts and the law, a principle he learned early in his prosecutorial career.
Details from the Deposition
The private session marked Smith’s first opportunity to address questions concerning two significant investigations into Trump, including ones that previously resulted in abandoned criminal charges during Trump’s first and second terms. He was subpoenaed earlier in the month to provide testimony and documents as part of a Republican inquiry into the Trump investigations conducted during the Biden administration.
Despite initially volunteering to testify publicly before the committee, Smith agreed to the closed hearing after his offer was reportedly declined by Republican lawmakers. His attorney, Lanny Breuer, remarked on Smith’s bravery in the face of what he described as “remarkable and unprecedented retribution” from the current administration. Breuer emphasized that Smith, as a career prosecutor, conducted the investigation based on factual evidence and legal standards.
Trump responded to the closed hearing, expressing his preference for an open session, stating, “I’d rather see him testify publicly. There’s no way he can answer the questions.”
Investigations and Allegations
Smith is expected to discuss both investigations into Trump, although he will not answer questions regarding grand jury materials, which are protected by law. He intends to address what he perceives as mischaracterizations from Republican lawmakers concerning his team’s investigation, particularly their analysis of the phone records of select GOP members during the events surrounding January 6, 2021, when rioters stormed the U.S. Capitol.
The phone records that were reviewed included only metadata—details about incoming and outgoing numbers, along with the length of calls—without any content from the conversations. These details are significant as they relate to the broader investigation of Trump’s efforts to reverse his electoral defeat.
Smith was appointed in 2022 to lead the Justice Department investigations focused on Trump’s attempts to overturn the election result and his handling of classified documents. His team filed charges in both inquiries but later abandoned the cases after Trump regained the presidency in 2024, citing legal opinions that suggest a sitting president cannot be indicted.
In recent weeks, Republican members of Congress have sought interviews with individual members of Smith’s investigative team. The political ramifications of Smith’s findings and ongoing investigations continue to unfold as the nation approaches the next presidential election cycle.
For ongoing coverage of Jack Smith’s investigations, follow updates from credible sources.
