WASHINGTON — In his first public testimony before Congress about his investigations into President Donald Trump, former special counsel Jack Smith warned Americans not to take the rule of law for granted, and insisted he would not be intimidated by the president despite his attacks.
"I have seen how the rule of law can erode. My fear is that we have seen the rule of law function in this country for so long that many of us have come to take it for granted," Smith said during testimony before the House Judiciary Committee.
"But, the rule of law is not self-executing — it depends on our collective commitment to apply it. It requires dedicated service on behalf of others, especially when that service is difficult and comes with costs," he said. "Our willingness to pay those costs is what tests and defines our commitment to the rule of law and to this wonderful country."
As Smith spoke, Trump continued his attacks against him, this time on Truth Social. Smith said that Trump had made statements that “are meant to intimidate me."
“I will not be intimidated,” he said. “I think these statements are also made as a warning to others what will happen if they stand up. And I am, as I say, I’m not going to be intimidated.”
The hearing broke little new ground but gave the public a chance to see and hear Smith, and it offered the longtime prosecutor a chance to talk publicly about his investigations.
The questions from the committee exposed the political fracture in Congress. Republican allies repeated Trump’s claims that he had been unfairly targeted and attempted to undermine the Smith investigation. Democrats supported Smith, pointing to statements from GOP lawmakers in the moments after the Jan. 6, 2021, attack that placed at least some blame for the riot at Trump’s feet.
Trump has denied wrongdoing, calling the cases politically motivated “witch hunts.” And since his return to office, he has repeatedly called for Smith to be prosecuted.
On Truth Social on Thursday, Trump called Smith “a deranged animal, who shouldn’t be allowed to practice Law.” The president said he hoped that Attorney General Pam Bondi “is looking at what he’s done, including some of the crooked and corrupt witnesses that he was attempting to use in his case against me. The whole thing was a Democrat SCAM — A big price should be paid by them for what they have put our Country through!”
Asked if he believes Trump’s Justice Department will find a way to indict him, Smith said, “I believe they will do everything in their power to do that because they’ve been ordered to by the president.”
The former special counsel told committee members that his investigation developed “proof beyond a reasonable doubt” that Trump “engaged in a criminal scheme” to overturn his 2020 election loss, leading to the riot at the U.S. Capitol. Smith said he welcomed the opportunity to appear and combat "false and misleading narratives" about his investigation.
The Judiciary Committee, led Rep. Jim Jordan, R-Ohio, a top Trump ally, is investigating Smith and his former office over the indictments. On Thursday, Jordan criticized the investigations and said people weren't fooled by what he claimed was a politically motivated investigation.
“It was always about politics. The good news is, the American people saw through it,” Jordan said, because they elected Trump again.
Rep. Jamie Raskin, D-Md., ranking member on the House Judiciary Committee, said Trump believed Smith belonged in prison not because he'd done anything wrong, but because he "did everything right."
“You pursued the facts, you followed the law, you stuck with extreme caution, to every rule of professional responsibility. You had the audacity to do your job," Raskin said.
Smith has already faced closed-door questioning from members of Congress. Trump's allies publicly pressed him Thursday about the investigations: one in connection with Trump's handling of classified documents and another in connection with Trump’s efforts to overturn the 2020 election.
U.S. District Judge Aileen Cannon, a Trump appointee, has dismissed the classified documents case, ruling that Smith’s appointment had been illegal. Smith dropped the election case after Trump was re-elected in 2024, citing Justice Department policy against prosecuting sitting presidents.
During the closed-door deposition before the committee in December, Smith said Trump had a right to spread falsehoods about the 2020 election, but not to try to defraud the government by using those falsehoods to stay in office.
