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Friday, January 23, 2026

Jack Smith: Trump Is a Criminal

Our most recent book is The Comeback: The 2024 Elections and American PoliticsAmong other things, it discusses the January 6, 2021 insurrection.

From: Statement of Jack Smith Former Special Counsel, U.S. Department of Justice before the Committee on the Judiciary U.S. House of Representatives January 22, 2026

During my tenure as Special Counsel, we followed Justice Department policies, observed legal requirements, and took actions based on the facts and the law.  I made my decisions without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election.  President Trump was charged because the evidence established that he willfully broke the very laws that he took an oath to uphold.  Grand juries in two separate districts reached this conclusion based on his actions, as alleged in the indictments they returned.   

Rather than accept his defeat in the 2020 presidential election, President Trump engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power.  President Trump attempted to induce state officials to ignore true vote counts; to manufacture fraudulent slates of presidential electors in seven states that he had lost; to force his own Vice President to act in contravention of his oath and to instead advance President Trump’s personal interests; and, on January 6, 2021, to direct an angry mob to the United States Capitol to obstruct the 1 congressional certification of the presidential election and then exploit the rioters’ violence to further delay it.  Over 140 heroic law enforcement officers were assaulted that day, a fact we should never forget.   

And, as set forth in the original and superseding indictments issued in the Southern District of Florida, President Trump stored classified documents at his Mar-a-Lago social club after he left office in January 2021 and he repeatedly tried to obstruct justice to conceal his continued retention of those documents.  Highly sensitive information was held in non-secure locations, including a bathroom and a ballroom where events and gatherings took place.  Tens of thousands of people came to the social club during the time period when those classified documents were stored there. 

As I testify before the Committee today, I want to be clear: I stand by my decisions as Special Counsel, including my decision to bring charges against President Trump.  Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity.  If asked whether to prosecute a former President based on the same facts today, I would do so regardless of whether that President was a Republican or a Democrat.  No one should be above the law in our country and the law required that he be held to account.  So that is what I did.  To have done otherwise on the facts of these cases would have been to shirk my duties as a prosecutor and a public servant, which I had no intention of doing.  This is why I appreciate the opportunity to appear today and to correct the false and misleading narratives advanced about our work.  I am prepared to do so while adhering to the Justice Department’s authorization governing the scope of my testimony and while constrained by Judge Cannon’s order restricting the discussion of Volume II of my report regarding the classified documents case.  To that end, and as a result of Judge Cannon’s order and the Justice Department’s interpretation of that order, I will not be able to discuss the contents of Volume II of my report, and can only discuss matters with respect to that case that are set forth in the indictment or other public filings.  Similarly, I cannot discuss the contents of the documents at issue in the case due to their sensitive nature.imilarly, I cannot discuss the contents of the documents at issue in the case due to their sensitive nature.