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In transcript of closed-door testimony, Jack Smith defends his prosecutions of Trump

A MARTÍNEZ, HOST:

The Republican-led House Judiciary Committee has released closed-door testimony from former special counsel Jack Smith, a man at the center of the Justice Department's failed investigations into President Trump. A video and nearly 300 pages offer insights into Smith's cases against Trump and what the rarely seen lawyer thought about Trump's attempt to overturn the 2020 election. Here's NPR's Luke Garrett.

LUKE GARRETT, BYLINE: Smith led two probes. One focused on Trump's attempt to overthrow the 2020 election results, and the second on Trump's handling of classified documents after leaving the White House. Smith resigned in the final weeks of the Biden administration, and his cases against Trump were dropped after the president won in 2024. But during his December deposition, Smith gave a full-throated defense of his election case against Trump.

(SOUNDBITE OF ARCHIVED RECORDING)

JACK SMITH: President Trump was, by a large measure, the most culpable and most responsible person in this conspiracy. The - these crimes were committed for his benefit. The attack that happened at the Capitol as part of this case does not happen without him.

GARRETT: Smith also disputed claims that his investigation and conclusions were political.

(SOUNDBITE OF ARCHIVED RECORDING)

SMITH: I entirely disagree with any characterization that our work was in any way meant to hamper him in the presidential election.

GARRETT: Smith said he believes his case would have led to a conviction and told the committee how.

(SOUNDBITE OF ARCHIVED RECORDING)

SMITH: Our case was built on, frankly, Republicans who put their allegiance to the country before the party.

GARRETT: During his deposition, the committee questioned Smith's collection of Senate phone records. Smith confirmed this but said they were only timestamps of calls between lawmakers and Trump aides in and around the January 6 attack and not the contents of the call. Smith also pointed to Trump for directing the calls in the first place.

(SOUNDBITE OF ARCHIVED RECORDING)

SMITH: 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. He chose to do that.

GARRETT: The analysis of phone toll records is a common investigative tactic, but there are ongoing debates about whether the DOJ should be able to use this against a sitting member of Congress. Smith stood firm by his investigation into Trump's attempt to overturn the 2020 election results. But when it came to his investigation into Trump's handling of classified documents, Smith said little. He said he's open to share more, but is barred from doing so by order of a federal judge.

Luke Garrett, NPR News, Washington.

(SOUNDBITE OF MUSIC) Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Luke Garrett
Luke Garrett is an Elections Associate Producer at NPR News.