House releases redacted Jack Smith deposition transcript on Trump indictments
House Republicans released a redacted 255‑page transcript on Dec. 31, 2025 of former special counsel Jack Smith’s roughly eight‑to‑nine‑hour closed‑door deposition after declining his offer to testify publicly. In the transcript Smith says the decision to indict Trump was his, defends his handling of the Mar‑a‑Lago and Jan. 6 investigations — including lawful subpoenas for lawmakers’ phone records — and his lawyers renewed calls to make his testimony public as Democrats press DOJ to release a sealed Volume II of his report amid ongoing legal disputes.
📌 Key Facts
- House Republicans released a redacted, 255-page transcript of former special counsel Jack Smith’s closed-door deposition; Smith gave roughly eight to nine hours of testimony (the closed session occurred Dec. 17 and the transcript was released Dec. 31, 2025).
- Smith’s lawyers (Lanny Breuer and Peter Koski) have repeatedly asked the House Judiciary Committee to allow Smith to testify publicly and to promptly release the full videotape/recording of his closed-door deposition so the public can hear his answers directly.
- In his opening statement and testimony Smith said the decision to charge President Trump was his, that he steadfastly followed DOJ policies and legal requirements, stands by his decisions, and that his team developed proof beyond a reasonable doubt that Trump willfully retained classified materials at Mar‑a‑Lago and tried to obstruct efforts to recover them.
- Smith defended subpoenaing phone records for multiple Republican lawmakers (reported as nine to nearly a dozen members/senators) as lawfully obtained and relevant to the investigations, and explicitly rejected claims that his team had "tapped" Sen. Josh Hawley’s phone as inaccurate.
- On the Jan. 6-related investigation Smith described Trump as the "most culpable and most responsible person" in the conspiracy, saying Trump fostered distrust, made false statements and refused to stop the attack until pressured; Smith also maintained the Jan. 6 probe was not aimed at affecting the 2024 election.
- Smith said he would have accepted the special counsel role regardless of which president was in office and that President Biden never directed him on what to investigate; he also said he was barred by a court injunction from answering whether Kash Patel was interviewed or testified to the grand jury.
- The Justice Department has not released an unreleased "Volume II" of Smith’s report: Deputy AG Todd Blanche argued releasing it would be improper because Smith’s work is ongoing and would violate special counsel rules, House GOP officials say AG Pam Bondi is following Judge Aileen Cannon’s sealing order (with Cannon expected to decide by January 2026), and Democrats (including Rep. Jamie Raskin) have urged DOJ to publish Volume II and called for Smith to testify publicly.
- The deposition and related documents are part of the Republican-led House Judiciary Committee’s broader probe of DOJ criminal inquiries into Trump during the Biden administration, which has focused in part on the subpoenaed lawmakers’ phone records and prompted institutional reactions including links to actions involving the FBI public corruption unit.
📊 Relevant Data
Donald Trump is the first former U.S. president to be criminally indicted in American history.
Trump and the History of Presidents Facing Criminal Charges — TIME
In a June 2024 Monmouth University poll, 57% of voters believe the decision to bring charges against Trump was politically motivated.
Trials Have Little Impact on 2024 Race — Monmouth University Polling Institute
In the D.C. jury pool, 35.9% of potential jurors are Black, compared to 45.4% of the District's population being Black as of 2023.
Is the D.C. Jury Pool Representative? — DC Witness
Since the Watergate scandal, special prosecutors or counsels have been appointed to investigate every U.S. president except Barack Obama.
The History of Presidents and Special Prosecutors — The New York Times
📊 Analysis & Commentary (1)
MIKE DAVIS: FBI knew Mar-a-Lago raid was illegal, but Biden DOJ made them do it
"A Fox News opinion argues the Mar‑a‑Lago search was unlawful and politically motivated, blaming the Biden DOJ and Jack Smith for pressuring the FBI to carry out and publicize a flawed raid designed to damage Donald Trump."
📰 Sources (7)
5 key takeaways from Jack Smith's deposition on the Trump probes
New information:
- Axios identifies and summarizes five specific "takeaways" from the 255-page transcript, including Smith’s assertion that the Jan. 6 probe was not aimed at affecting the 2024 election.
- Smith is quoted saying evidence showed Trump was "the most culpable and most responsible person in this conspiracy" and that the attack would not have happened without him.
- Smith says Trump fostered "distrust," made "false statements" and then "refused to stop" the Jan. 6 attack until after repeated staff pressure.
- Smith defends subpoenaing phone records of nearly a dozen Republican senators as consistent with law and DOJ policy, and explicitly rejects claims that his team "tapped" Sen. Josh Hawley’s phone as "inaccurate."
- The piece links FBI Director Kash Patel’s shutdown of the FBI public corruption unit to the revelation that those lawmakers’ phone records were obtained during Smith’s probe.
- Smith reiterates that in the Mar-a-Lago documents case he found "powerful evidence" that Trump willfully retained classified materials and "tried to obstruct justice" to keep them.
- Smith testifies he would have taken the special counsel job "one hundred percent" regardless of which president was in office, including Biden or Obama, and that Biden never directed him on what to investigate.
- Smith says he is barred from answering whether Kash Patel was interviewed or testified to the grand jury due to an injunction from Judge Aileen Cannon, and notes Patel could disclose his own testimony if it occurred.
Read Jack Smith's full deposition on the decision to indict Trump
New information:
- House Republicans have released a redacted, 255-page transcript of former special counsel Jack Smith’s roughly eight-hour closed-door deposition about his investigation of Donald Trump.
- In his opening statement, Smith said it was his decision to bring charges against Trump and asserted that his team "developed proof beyond a reasonable double" that Trump broke the law by withholding classified documents and obstructing efforts to recover them.
- Smith told lawmakers he would "never take orders from a political leader to hamper another person in an election," rejecting accusations of political motivation and saying he was "saddened and angered" that Trump had sought revenge against career DOJ and FBI personnel.
- The deposition transcript was released on Dec. 31, 2025, after House Republicans declined Smith’s request to testify in a public hearing.
Ex-special counsel Jack Smith's lawyers re-up call for him to testify publicly
New information:
- Confirms Smith’s closed-door House Judiciary deposition lasted roughly nine hours, according to his lawyers Lanny Breuer and Peter Koski.
- Details that Breuer and Koski sent a Thursday letter to Chair Jim Jordan urging prompt release of the full videotape of Smith’s deposition so the public can hear his answers directly.
- Reiterates Smith’s standing offer to testify in an open, public hearing before Congress, with his lawyers explicitly renewing that request.
- Provides specific language from Smith’s opening statement asserting that he followed DOJ policies, acted based on facts and law, and developed 'proof beyond a reasonable doubt' that Trump engaged in a scheme to overturn the 2020 election.
- Adds Smith’s claim that his documents case investigation found 'powerful evidence' Trump willfully retained highly classified documents at Mar-a-Lago, including in a bathroom and ballroom used for events.
- Reports Smith’s defense of subpoenaing phone records for nine sitting Republican members of Congress for days around Jan. 6, 2021, calling the records 'lawfully subpoenaed' and relevant to his investigation.
Facing Trump's wrath, Jack Smith requests public hearing in House GOP probe
New information:
- Jack Smith, via a Thursday letter from his attorneys Lanny Breuer and Peter Koski to House Judiciary Chair Jim Jordan, requested to testify in an open, public hearing.
- The letter also asks that the full recording of Smith’s closed-door Dec. 17 testimony before the House Judiciary Committee be released so the public can hear it directly rather than through second-hand accounts.
- Smith, in his opening statement to lawmakers (as quoted in the article), said: 'The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions, as alleged in the indictments returned by grand juries in two different districts.'
- Smith’s attorneys wrote that he 'steadfastly followed Justice Department policies, observed all legal requirements, and took actions based on the facts and the law,' and that he 'stands by his decisions.'
- The article confirms that Smith already complied with the GOP subpoena by giving closed-door testimony on Wednesday before making this follow-up request.
Jack Smith set for closed-door interview with lawmakers about Trump investigations
New information:
- Jack Smith is set for a closed-door deposition with House Republicans on Wednesday after the committee rejected his offer to testify publicly.
- Smith was subpoenaed earlier this month to provide both testimony and documents and his lawyers say he will cooperate.
- The deposition is part of the Republican-led House Judiciary Committee’s probe of DOJ criminal inquiries into Donald Trump during the Biden administration.
Democrats push DOJ to reveal hidden half of Jack Smith report as GOP prepares tense deposition
New information:
- Rep. Jamie Raskin publicly urges DOJ to publish the unreleased Volume II and calls for Smith to testify in public, arguing prior special counsels’ reports and testimony were public.
- House Judiciary GOP spokesperson Russell Dye says AG Pam Bondi is following Judge Aileen Cannon’s sealing order and that Cannon will decide by January 2026 on releasing Volume II.
- Deputy Attorney General Todd Blanche, in an addendum to Volume I, argues releasing Volume II would be improper because Smith has not concluded his mission and it would violate special counsel regulations.
- Smith’s deposition is described as off-camera/closed-door on Wednesday; Republicans are expected to probe alleged collection of lawmakers’ phone records during the investigation.