DrWebJan. 6 riot ‘does not happen’ without Trump, Jack Smith told Congress – NPR
In this image from video released by the House Judiciary Committee, former special counsel Jack Smith speaks during a deposition Dec. 17, 2025, at the U.S. Capitol in Washington.House Judiciary Committee / AP
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Capitol riot ‘does not happen’ without Trump, Jack Smith told Congress
December 31, 20259:15 PM ET
By The Associated Press
WASHINGTON — The Jan. 6., 2021 riot at the U.S. Capitol “does not happen” without Donald Trump, former special counsel Jack Smith told lawmakers earlier this month in characterizing the Republican president as the “most culpable and most responsible person” in the criminal conspiracy to overturn the results of the 2020 election.
Special Counsel Jack Smith, seen here in August 2023, defended his work to House members Wednesday.
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Jack Smith defends his prosecutions of Trump in closed-door session in Congress
The Republican-led House Judiciary Committee released on Wednesday a transcript and video of a closed-door interview Smith gave about two investigations of Trump. The document shows how Smith during the course of a daylong deposition repeatedly defended the basis for pursuing indictments against Trump and vigorously rejected Republican suggestions that his investigations were politically motivated.
Special counsel Jack Smith delivers remarks on a recently unsealed indictment against Donald Trump in August 2023 in Washington, D.C.
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Special counsel Jack Smith says evidence against Trump was enough to convict him
“The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy. These crimes were committed for his benefit. The attack that happened at the Capitol, part of this case, does not happen without him. The other co-conspirators were doing this for his benefit,” Smith said, bristling at a question about whether his investigations were meant to prevent Trump from reclaiming the presidency in 2024.
“So in terms of why we would pursue a case against him, I entirely disagree with any characterization that our work was in any way meant to hamper him in the presidential election,” he added.
The Dec. 17 deposition was conducted privately despite Smith’s request to testify publicly. The release of the transcript and video of the interview, so far Smith’s only appearance on Capitol Hill since leaving his special counsel position last January, adds to the public understanding of the decision-making behind two of the most consequential Justice Department investigations in recent history.
Trump was indicted on charges of conspiring to undo the 2020 election he lost to Democrat Joe Biden, and of willfully retaining classified documents at his Mar-a-Lago estate in Florida. Both cases were abandoned after Trump’s 2024 election win, with Smith citing Justice Department policy against the indictment of a sitting president.
Smith repeatedly made clear his belief that the evidence gathered against Trump was strong enough to sustain a conviction. Part of the strength of the Jan. 6 case, Smith said, was the extent to which it relied on the testimony of Trump allies and supporters who cooperated with the investigation.
“We had an elector in Pennsylvania who is a former congressman, who was going to be an elector for President Trump, who said that what they were trying to do was an attempt to overthrow the government and illegal,” Smith said. “Our case was built on, frankly, Republicans who put their allegiance to the country before the party.”
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