Jack Smith to Testify Publicly Before House Judiciary Committee on Jan. 22
House Judiciary Chairman Jim Jordan announced on X that Special Counsel Jack Smith will testify publicly before the committee on the morning of Jan. 22, after Smith — through attorney Lanny Breuer — offered to appear in an open session rather than a private, subpoenaed deposition. Republicans say they will press Smith over his obtaining phone records for sitting GOP lawmakers, while Democrats, including ranking member Jamie Raskin, hailed the hearing and pointed to Smith’s closed‑door testimony and assertions that his Jan. 6 and classified‑documents probes show Trump was “the most culpable” for Jan. 6 and that the documents investigation produced “powerful evidence” of willful retention and attempted obstruction.
📌 Key Facts
- House Judiciary Chairman Jim Jordan announced on X and in a press release that special counsel Jack Smith will testify publicly before the committee on the morning of Jan. 22.
- In earlier closed-door testimony, Smith told the committee his evidence showed former President Trump was 'by a large measure the most culpable and most responsible person' for the Jan. 6 attack and that the assault 'does not happen without him.'
- Smith has said his classified-documents probe uncovered 'powerful evidence' that Trump willfully retained classified materials and attempted to obstruct justice.
- Through attorney Lanny Breuer, Smith offered to testify in open session and sought a public forum to defend his work; his lawyers say he 'steadfastly followed Justice Department policies' and acted based on 'facts and the law.'
- Smith's push for an open, public hearing contrasted with Jordan's earlier insistence on a private, subpoenaed deposition.
- Republicans on the committee are expected to focus parts of their questioning on Smith's obtaining of phone records for sitting GOP lawmakers.
- Ranking Democrat Jamie Raskin issued on-the-record remarks framing the upcoming hearing as a 'win for truth-seeking Americans' and 'another looming humiliation' for Trump and House Republicans.
📊 Relevant Data
The Department of Justice's policy against indicting a sitting president stems from a 2000 Office of Legal Counsel opinion concluding that the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.
A Sitting President’s Amenability to Indictment and Criminal Prosecution — U.S. Department of Justice
Special Counsel Jack Smith issued 197 subpoenas as part of his investigation, targeting phone records related to over 400 Republican-affiliated individuals, including 10 senators and numerous House members, with no corresponding subpoenas for Democrats in this context.
NEW: Jack Smith Subpoenaed Records for Over 400 Republican Targets as Part of ‘Arctic Frost’ — U.S. Senate Committee on the Judiciary
In a 2023 survey, 71% of Democrats reported trusting the FBI 'a great deal' or 'a fair amount,' compared to only 36% of Republicans, indicating a significant partisan divide in perceptions of federal law enforcement agencies.
Poll: Trust in the FBI higher among Democrats — APM Research Lab
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- Confirms that the hearing will be in public session on the morning of Jan. 22, per a new Jordan press release.
- Reiterates from earlier closed‑door testimony that Smith told the panel his evidence showed Trump was 'the most culpable and most responsible person' for Jan. 6.
- Reiterates Smith’s prior statement that his classified‑documents probe found 'powerful evidence' Trump willfully retained documents and tried to obstruct justice.
- Adds that Smith himself has sought an open forum to defend his work from Republican attacks, with his lawyers stressing he 'steadfastly followed Justice Department policies' and acted based on 'facts and the law.'
- Confirms Chairman Jim Jordan announced on X that Jack Smith will testify publicly before House Judiciary on Jan. 22.
- Reiterates that Republicans are focusing on Smith’s obtaining phone records for sitting GOP lawmakers as a key line of attack.
- Includes fresh on‑the‑record reactions from ranking Democrat Jamie Raskin framing the upcoming hearing as a 'win for truth‑seeking Americans' and 'another looming humiliation' for Trump and House Republicans.
- Details Smith’s prior closed‑door testimony quotes that Trump was 'by a large measure the most culpable and most responsible person' in the Jan. 6‑related conspiracy and that the Capitol attack 'does not happen without him.'
- Notes Smith has publicly offered, through attorney Lanny Breuer, to testify in open session and wants a public forum, contrasting with Jordan’s initial insistence on a private subpoenaed deposition.