Oversight of the Office of Special Counsel Jack Smith

DOJ and Judicial Nomination VotesHouse Judiciary · January 22, 2026 · 119th Congress
The House Judiciary Committee held an oversight hearing to question former Special Counsel Jack Smith about his investigations and 2023-2024 prosecutions of Donald Trump for efforts to overturn the 2020 election and for retaining classified documents at Mar-a-Lago. Begins at ▶ 0:15:59
Transcript
Highlights

Title

Jack Smith testifies on his prosecutions of Donald Trump

Purpose

The House Judiciary Committee held an oversight hearing to question former Special Counsel Jack Smith about his investigations and 2023-2024 prosecutions of Donald Trump for efforts to overturn the 2020 election and for retaining classified documents at Mar-a-Lago. Republicans focused on toll-record subpoenas of members of Congress, the timing of indictments before the 2024 election, Smith's appointment authority, and use of confidential sources, while Democrats used the hearing to have Smith detail the evidence underlying the charges and defend the investigation as apolitical. The hearing included a lengthy recess for floor votes and a later disruption requiring a brief recess to restore order. Begins at▶ 0:15:59

Who spoke

• Chairman Jim Jordan (R-OH)▶ 0:16:35: Opened by detailing the subpoena of Speaker Kevin McCarthy's phone records 16 days after he became Speaker and the accompanying gag order request citing "flight risk"▶ 0:17:31; recounted the Russia investigation, impeachments, and Mar-a-Lago search as part of a broader narrative of politicized targeting of Trump▶ 0:18:29▶ 0:21:28; later pressed Smith on Cassidy Hutchinson's testimony and whether he considered her a credible witness▶ 0:53:59.

• Ranking Member Jamie Raskin (D-MD)▶ 0:27:09: Praised Smith's career and noted he had never been disciplined or convicted of anything▶ 0:28:44; walked through Smith's findings that Trump knew he lost the election, citing Barr, Pence, and over 60 court rulings▶ 0:30:25; argued toll records were lawfully obtained because Trump made members of Congress relevant to the scheme▶ 0:33:23.

• Jack Smith, former Special Counsel▶ 0:36:48: Testified he acted without regard to Trump's political status and found proof beyond a reasonable doubt of criminal conduct▶ 0:39:06▶ 0:40:18; said he would prosecute again "regardless of whether that president was a Democrat or a Republican"▶ 0:40:33; detailed evidence Trump knew he lost, including calls with the Georgia Secretary of State and Attorney General▶ 1:44:04; confirmed he approved a $20,000 payment to an FBI confidential human source▶ 2:31:23; said Trump's public attacks were meant to intimidate him but he would not be intimidated▶ 4:07:36.

• Rep. (California, unnamed in transcript)▶ 0:42:49: Questioned Smith on toll-record subpoenas and the DC Circuit's vacating of the gag order as overbroad▶ 0:47:01; cited Judge Cannon's ruling that Smith's appointment was unlawful▶ 0:44:41; asked whether Smith had regrets, to which Smith said only that he hadn't thanked his staff enough▶ 0:47:52.

• Rep. Mary Gay Scanlon or unnamed member from New York▶ 1:47:38: Cataloged Trump's public attacks on Smith, calling him a "sick bastard," and asked Smith to detail his history prosecuting both Republicans and Democrats▶ 1:48:35▶ 1:49:20.

• Rep. from California (second questioner)▶ 1:53:08: Argued Smith had spied on political opponents and pressed repeatedly on whether he told the judge he was seeking Speaker McCarthy's records▶ 1:56:31; had time disputes with the chair over answer time▶ 1:57:27.

• Rep. from California (gentlewoman)▶ 1:59:13: Highlighted Republican witnesses—Georgia AG Chris Carr, Speaker David Ralston, Sen. Lindsey Graham—who told Trump his fraud claims were false, including Graham's "Martians" quote▶ 2:00:39.

• Rep. Louie Gohmert (R-TX)▶ 2:05:04: Pressed Smith on the McCarthy subpoena timing and the non-disclosure order's "flight risk" language, calling it a violation of the Speech or Debate Clause▶ 2:06:52.

• Rep. from Tennessee▶ 2:10:33: Gave Smith an opportunity to explain the rationale for toll records, citing witness-safety concerns tied to Trump's threatening statements▶ 2:11:00.

• Rep. from Wisconsin (Tiffany)▶ 2:15:48: Questioned Smith's personal friendship with Marshall Miller and whether it influenced his appointment as special counsel▶ 2:16:45▶ 2:20:28.

• Rep. from Georgia (gentleman)▶ 2:20:45: Asked Smith about the Trump White House's January 6th anniversary website containing "stolen election" claims▶ 2:22:12.

• Rep. from Texas (gentleman)▶ 2:27:22: Questioned Smith about inconsistencies regarding his oath of office, including a second oath signed in September 2023▶ 2:29:20.

• Rep. from California (praising Smith)▶ 2:33:06: Told Smith he had "nothing to be ashamed of" and asked about January 6th timeline and his obtaining grand jury indictments▶ 2:34:57.

• Rep. from Alabama▶ 2:38:06: Cited a Fulton County claim about 315,000 uncertified Georgia ballots and argued Smith's appointment and subpoenas violated the Constitution▶ 2:38:51.

• Rep. from New York (Nadler or similar)▶ 2:43:41: Entered a Giuliani voicemail to Sen. Tuberville into the record and pressed on Epstein files▶ 2:44:05.

• Rep. from California (Garcia or similar, Epstein focus)▶ 2:44:05: Argued Republicans were avoiding Epstein-file questions by focusing on Smith▶ 2:44:35; asked whether Biden ever directed retribution against political opponents▶ 2:45:05.

• Rep. from Florida (gentlelady)▶ 2:48:31: Questioned Smith on the elements of the Section 371 and obstruction charges, arguing intent could not be proven given conflicting advisers▶ 2:49:39.

• Rep. from Washington (gentlelady)▶ 2:56:07: Walked through the fake-elector scheme and Trump's pressure on Pence, asking Smith to confirm each element▶ 2:58:06.

• Rep. from North Carolina▶ 3:01:27: Argued that without the mob attack there would be no hearing, and questioned why only Trump, not co-conspirators, was charged▶ 3:04:19.

• Rep. from Pennsylvania (gentlelady)▶ 3:07:11: Focused on Pennsylvania-specific evidence of false fraud claims and the fake elector plan involving a former congressman▶ 3:09:22.

• Rep. from Virginia▶ 3:12:40: Compared Smith's record in the McDonnell, Edwards, and Menendez cases to argue a pattern of overreach, and challenged the basis for the gag order▶ 3:14:27.

• Rep. from Colorado▶ 3:31:13: Noted Rep. from Virginia's own January 6th condemnation statement, and highlighted the bipartisan impeachment/conviction votes against Trump▶ 3:32:59.

• Rep. from Wisconsin (second questioner)▶ 3:35:57: Cited Smith's IRS-era work with Lois Lerner and the McDonnell/Edwards/Menendez cases as evidence against a "gold standard" reputation▶ 3:38:21.

• Rep. Lucy McBath (D-GA)▶ 3:41:43: Focused on Georgia evidence, including the Secretary of State call recording played for the committee▶ 3:44:04.

• Rep. from Arizona▶ 3:47:16: Questioned the conspiracy charge structure, noting only Trump was indicted despite named co-conspirators▶ 3:48:14.

• Rep. from North Carolina (gentlelady)▶ 3:53:26: Asked about rioters who said they came at Trump's direction, citing the Jacob Chansley defense▶ 3:56:47.

• Rep. from Texas (Nehls or similar)▶ 3:59:19: Raised his own subpoenaed phone records and questioned limits on special counsel authority▶ 4:00:16.

• Rep. from Vermont (gentlelady)▶ 4:04:17: Focused on Judge Cannon's gag order preventing release of Volume Two of the report▶ 4:05:48; asked Smith about the impact of Trump's public attacks▶ 4:07:06.

• Rep. from New Jersey▶ 4:10:36: Argued the case was about trust in the justice system and pressed Smith on the all-Republican pattern of subpoenaed members▶ 4:11:26.

• Rep. from Illinois▶ 4:16:33: Focused on the January 6th pardons and asked Smith to describe the public-safety impact▶ 4:17:49.

• Rep. from New York (follow-up)▶ 4:20:31: Asked Smith to explain the rationale for January 6th-period toll records tied to Giuliani's calls to Congress▶ 4:21:00.

• Rep. Bryan Steil or Troy Nehls (R-TX)▶ 4:22:00: Argued the investigation was politically motivated and cited Trump's 2024 election win as vindication▶ 4:23:54.

• Rep. from South Carolina▶ 4:45:58: Challenged the feasibility of reviewing 13 million pages before a 5-month trial date and questioned Smith's appointment legitimacy▶ 4:47:53.

• Rep. from New York (SDNY alum)▶ 4:51:19: Asked Smith to confirm he never spoke with Biden about the case and detailed evidence Trump knew he lost▶ 4:52:10.

• Rep. from Wisconsin (Van Orden or similar, Arctic Frost list)▶ 4:57:02: Displayed an "Arctic Frost" document listing subpoenaed Trump campaign figures and asked whether Trump truly believed he lost▶ 4:58:22▶ 5:02:19.

• Rep. from Texas (Jasmine Crockett or similar)▶ 5:03:03: Argued Republicans focused on Smith's authority rather than Trump's guilt, cited the special counsel report's language on presidential immunity▶ 5:05:30.

• Rep. from North Carolina (Bratt/Woodward questioning)▶ 5:08:55: Asked Smith about allegations that prosecutor Jay Bratt pressured Stanley Woodward regarding a judgeship in exchange for Walt Nauta's cooperation▶ 5:09:07.

• Rep. from Missouri▶ 5:13:39: Questioned the 5-month trial timeline against 13 million pages of discovery and challenged the "responsible" framing for January 6th absent a specific incitement charge▶ 5:14:25.

• Rep. from Washington (freshman member)▶ 5:20:07: Concluded the hearing was politically timed, comparing Smith to the "destroy the village to save it" Vietnam anecdote▶ 5:22:30.

Key moments

• Smith confirmed his office subpoenaed Speaker Kevin McCarthy's toll records 16 days after he became Speaker, covering a two-month period, with a non-disclosure order citing "flight risk," and that judges were not told the records belonged to members of Congress▶ 2:05:04▶ 2:06:52▶ 1:57:02.

• Smith testified his investigation found proof beyond a reasonable doubt that Trump caused the January 6th violence, that it was foreseeable to him, and that he exploited it▶ 0:30:25▶ 2:59:02.

• An internal DOJ Public Integrity Section email from John Keller was displayed, stating there was "litigation risk" in subpoenaing members' toll records under the Speech or Debate Clause, but that risk was "minimal" because the members would not be charged▶ 2:08:44▶ 2:41:27.

• Smith testified that Georgia's Republican Secretary of State and Attorney General personally told Trump his fraud claims were false, and that Sen. Lindsey Graham testified under oath that Trump would believe "Martians came and stole votes"▶ 2:00:09▶ 2:01:09.

• Smith confirmed he approved a $20,000 payment to a confidential FBI human source used to review video/photo evidence from January 6th, and could not say how many other such payments occurred▶ 2:31:23▶ 2:32:08.

• Smith acknowledged Judge Aileen Cannon ruled his appointment as special counsel unconstitutional in the classified documents case, and that he continued signing filings after that ruling▶ 3:13:23▶ 4:03:34.

• Under questioning, Smith said he had "not made final determinations" about calling Cassidy Hutchinson as a trial witness despite acknowledging her key claims were secondhand hearsay, prompting Chairman Jordan to note she was cited 185 times in the January 6th Committee report▶ 0:56:27▶ 0:58:39.

• Smith testified he directed his deputy, J.P. Cooney, to request all evidence from the House January 6th Select Committee but never personally contacted the committee▶ 4:35:22▶ 4:59:13.

• Smith stated that no charges were brought against any Democrat during his tenure and that toll records were sought only because Republicans, not Democrats, were relevant to the alleged conspiracy▶ 4:33:39.

• Smith confirmed the criminal cases against Trump were dismissed without prejudice under DOJ/OLC policy against prosecuting a sitting president, and declined to say whether they could be refiled after Trump leaves office▶ 2:25:05▶ 2:14:48.

Metadata

CommitteeHouse Judiciary
Chamber / CongressHouse · 119th Congress
DateJanuary 22, 2026
TypeHearing
Witnesses
Mr. Jack Smith — Former Special Counsel, U.S. Department of Justice
Videoyoutube
Transcript678 caption blocks · 40,137 words · 5:27:21 runtime
EventCongress.gov 118881