LIVE: Jack Smith TESTIFIES on Trump CRIMES in PUBLIC HEARING
Quick Read
Summary
Takeaways
- ❖Special Counsel Jack Smith asserted his investigations into Donald Trump were strictly non-partisan, guided by facts and law, and independent of political considerations.
- ❖Republican members accused Smith of weaponizing the Department of Justice, citing actions like subpoenaing congressional phone records and seeking broad gag orders against Trump.
- ❖Democrats defended Smith's integrity, highlighting his extensive career as a prosecutor and the compelling evidence supporting charges against Trump for election interference and classified document mishandling.
- ❖Smith justified controversial investigative tactics, such as non-disclosure orders for phone records, due to "grave concerns about obstruction of justice" and witness intimidation.
- ❖A gag order from a Trump-appointed judge currently prevents Smith from publicly discussing the full findings of his classified documents investigation (Volume Two).
- ❖The host of the "Midas Touch Network" podcast provided strong commentary, criticizing Republican questioning tactics and defending Smith's actions as essential for upholding democracy.
Insights
1Allegations of Politically Motivated Investigations
Republican members, including Chairman Jim Jordan, repeatedly accused Special Counsel Jack Smith of conducting politically motivated investigations aimed at preventing Donald Trump from running for president. They cited the timing of subpoenas for Kevin McCarthy's phone records, the broadness of gag orders on Trump, and the expedited trial date request as evidence of partisan intent.
Chairman Jordan stated the investigation was 'always about politics and to get President Trump' (). A Republican representative questioned the subpoena of Kevin McCarthy's phone records 16 days after he became Speaker (, ) and the 'boundless interpretation of federal criminal statutes' in Smith's past cases (, ). Concerns were raised about the request for a January 2024 trial date just five months after the August 2023 indictment (, ).
2Defense of Non-Partisan Conduct and Rule of Law
Jack Smith consistently defended his actions, stating his investigations followed facts and law 'without fear or favor' and were independent of political considerations. He emphasized his three-decade career prosecuting both Republicans and Democrats, asserting that 'no one should be above the law'.
Smith stated, 'My career has been dedicated to serving our country by upholding the rule of law. Follow the facts and the law without fear or favor' (, ). He affirmed his decisions were made 'without regard to President Trump's political association, activities, beliefs, or candidacy' (, ) and that he has prosecuted both Republicans and Democrats ().
3Justification for Investigative Tactics
Smith explained that non-disclosure orders for congressional phone records were necessary due to 'grave concerns about obstruction of justice' and threats to witnesses, citing Trump's public statements. He clarified that phone record subpoenas only provided call timing and duration, not content, and were standard practice in complex conspiracy investigations.
Smith explained that non-disclosure orders were based on 'concerns about obstruction of justice' specifically with regards to Donald Trump, citing his statements like 'If you come after me, I'm coming after you' (, ). He clarified that a toll record subpoena only provides 'who a call is from, who it is to, and the length of that call. It does not tell you the content' ().
4Evidence of Trump's Knowing Lies and Incitement
Democratic members and Smith presented evidence that Donald Trump knew he lost the 2020 election, citing testimony from his own Attorney General Bill Barr, campaign advisors, and Vice President Mike Pence. Smith stated his investigation found Trump 'caused' the January 6th events, that it was 'foreseeable to him,' and he 'exploited' the violence.
Jamie Raskin stated Smith found 'proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results' () and that Trump knew he lost based on advice from William Barr, campaign advisors, and VP Pence (). Smith affirmed that his 'view of the evidence was that he caused it and that he exploited it and that it was foreseeable to him' (, ).
5Suppression of Classified Documents Report (Volume Two)
Democrats highlighted that Special Counsel Smith is gagged by a Trump-appointed judge, Eileen Cannon, from publicly discussing Volume Two of his report, which details findings on Trump's handling of classified documents and obstruction. Smith confirmed the co-defendant cases cited for the gag order are no longer pending, implying the reason for suppression is moot.
Jamie Raskin stated Smith is 'gagged by an absurd judicial order rendered faithfully by Trump's most servile and sycophantic appointee to the federal bench, Judge Eileen Cannon' (, ). Smith confirmed he is limited by Judge Cannon's order and the current DOJ's interpretation of it (), and that the co-defendant cases cited for the gag order are 'not' still pending ().
6Constitutional Legitimacy of Special Counsel Appointment
Republican members questioned the legality of Smith's appointment, arguing he was not Senate-confirmed as required by the Appointments Clause. Smith countered that his appointment was consistent with over a century of legal precedent and Supreme Court rulings.
A Republican representative stated Judge Cannon 'held that Mr. Smith was not permitted to be special counsel. Jack Smith was never properly appointed' (). Smith confirmed he has 'never been confirmed by the United States Senate' but stated 'the history supporting my appointment is over a hundred years old' (, ).
7Role of the January 6th Committee's Evidence
Republicans criticized Smith's office for engaging with the 'partisan' January 6th Committee, which allegedly destroyed or failed to preserve evidence. Smith stated his office independently assessed all collected evidence and did not solely rely on the committee's findings.
A Republican representative questioned Smith's decision to 'engage with the partisan January 6th committee' (), claiming the committee 'destroyed evidence' (). Smith responded that he 'intended to conduct an independent investigation' and 'collect the evidence, assess it, and consider it with all the other evidence' ().
Notable Moments
Chairman Jordan's opening statement framing the entire investigation as 'always about politics' to 'get President Trump'.
This set the highly partisan tone for the Republican line of questioning throughout the hearing, immediately establishing the core accusation against Special Counsel Smith.
Ranking Member Raskin's passionate defense of Jack Smith's career and integrity, calling him 'one of America's great prosecutors'.
This provided a stark counter-narrative to the Republican attacks, emphasizing Smith's professional background and commitment to the rule of law as a non-partisan figure.
The heated exchange between Chairman Jordan and Jack Smith regarding Cassidy Hutchinson's 'secondhand hearsay' testimony and whether Smith would have used her as a witness.
This exchange highlighted a key point of contention and a Republican strategy to discredit the January 6th narrative by focusing on perceived weaknesses in witness testimony, while Smith clarified his office's independent assessment process.
The revelation that Smith's office secured non-disclosure orders for congressional phone records, with a judge's finding citing 'flight risk', which Smith clarified was about investigative risk, not the individual.
This moment exposed a controversial investigative tactic and a specific detail from a court order, prompting Smith to explain the rationale behind such measures in the context of obstruction concerns.
A Democratic member reading aloud Donald Trump's Truth Social posts attacking Smith during the live hearing, calling him a 'deranged animal'.
This dramatically illustrated the direct political pressure and personal attacks faced by the Special Counsel, providing real-time evidence of the 'weaponization' claims made by Democrats against Trump.
The dramatic conclusion of the hearing with the Ranking Member requesting Smith be called back to testify on Volume Two of his report, citing minority rights.
This signaled the ongoing political battle over the transparency of the classified documents investigation and the determination of Democrats to bring more information to light, despite existing gag orders.
Quotes
"It was always about politics and to get President Trump. They were willing to do just about anything."
"For us, it's all about the rule of law and who's going to stand by the rule of law and who's going to oppose it."
"You found proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power."
"President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold."
"No one no one should be above the law in this country. And the law required that he be held to account. So that is what I did."
"The first amendment does not protect speech that facilitates a crime."
"Our case was built on frankly Republicans who put their allegiance to the country before the party."
"If you told him Martians came and stole votes, he'd be inclined to believe it."
"If we do not hold the most powerful people in our society to the same standards of the rule of law, it can be catastrophic."
"Donald Trump did not believe he lost that election. He just did. No way."
"It became necessary to destroy the village in order to save it."
Q&A
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