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The House Judiciary Committee issued a subpoena Wednesday compelling former special counsel Jack Smith to testify about his prosecutions against President Trump. Committee Chairman Jim Jordan ordered Smith to provide documents by December 12 and appear for a closed-door deposition on December 17.
Jordan stated the committee seeks to examine the cases Smith brought against Trump and his co-defendants, as well as investigative tactics including attempts to obtain a gag order against Trump during his presidential campaign. The Republican chairman emphasized that Smith possesses vital information for the committee’s oversight.
Smith’s attorney, Peter Koski, expressed disappointment that the hearing will be closed rather than public, stating Smith wants the American people to hear directly from him. Despite this, Smith looks forward to discussing his work and clarifying misconceptions about his investigation.
Smith secured two criminal indictments against Trump. The Florida case accused Trump of mishandling classified documents, while the District of Columbia case involved allegations of malfeasance surrounding the 2020 election and its aftermath. The Florida case was dismissed by the presiding judge, and the District case was dropped after Trump won reelection, consistent with Justice Department policy against prosecuting sitting presidents.
In a report released before Trump’s inauguration, Smith asserted the president would have been convicted had he not won the election. Smith dismissed claims that his prosecutorial decisions were influenced by the Biden administration or political actors as “laughable.” His cases alleged Trump knowingly made false claims about the 2020 election outcome and willfully encouraged supporters to storm the Capitol on January 6, 2021.
Smith labeled Trump “the individual most responsible” for the Capitol events.
Questions about Smith’s investigation have intensified as the administration releases concerning details.
These include Smith’s pursuit of subpoenas for phone records of sitting Congress members and records from first Trump administration figures like Stephen Miller and Jared Kushner, plus communications to media companies.
Smith’s attorneys maintain he “adhered to established legal standards and Justice Department guidelines” throughout his investigations. Representative Jamie Raskin, the top Democrat on the committee, criticized Republicans for forcing Smith into a “backroom interrogation” rather than allowing public testimony.
Smith’s inquiry originated from a Biden Justice Department investigation called Arctic Frost, which began at the FBI in April 2022. Attorney General Merrick Garland appointed Smith as special counsel in November 2022.
Republicans have characterized Arctic Frost as an anti-Trump “fishing expedition.” Senator Charles Grassley called Smith’s investigation “worse than Watergate,” claiming the FBI attempted to shield Smith’s aggressive tactics.
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