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Former special counsel Jack Smith testified during a hearing on Capitol Hill on Thursday, where he faced sharp criticism from Republicans and praise from Democrats on President Donald Trump’s two lawsuits.
The hearing gave Smith, a career prosecutor of nearly three decades, a rare opportunity to speak publicly about his work. He defended his indictments against Trump related to the 2020 election and classified the documents as by-the-books and apolitical.
Smith said, “If asked today whether any former president should be prosecuted based on the same facts, I would do so, whether that president is Republican or Democrat.”
Jack Smith subpoenaed to testify before the House Judiciary Committee
Former special counsel Jack Smith testifies during a hearing before the House Judiciary Committee at the Rayburn House Office Building on Capitol Hill on January 22, 2026 in Washington, DC. (Al Drago/Getty Images)
Republicans made clear that they believe the cases brought while Trump was the leading presidential candidate were politically motivated and designed to interfere with the 2024 election.
“This was always about politics,” Speaker Jim Jordan, R-Ohio, said in his opening statement.
1. Smith collected ‘months’ of phone data from the Republican Speaker of the House
Rep. Brandon Gill, R-Texas, questioned Smith over the controversial subpoena of phone records belonging to several Republicans. Gill focused on a subpoena that sought nearly three months of data related to former House Speaker Kevin McCarthy in 2023.
“Sixteen days after he became the highest-ranking Republican in the House of Representatives, you subpoenaed his toll records,” Gill said. He asked whether Smith thought this might violate the Constitution.
“I don’t know,” Smith replied.
Gill said, “You were collecting months of phone data from the Republican Speaker of the House, the leader of the opposition, immediately after he was sworn in as speaker. … This seems to be a blatant violation of the speech or debate clause.”
Smith has repeatedly defended the subpoena as appropriate, noting that his team sought a narrow set of data as part of the 2020 election investigation and that the phone records did not include the content of messages or calls.
“If Donald Trump had chosen to subpoena multiple Democratic senators, we would have received a toll of Democratic senators’ records,” Smith said in a closed-door statement last month.
2. Issa accuses Smith of ‘spying’
Rep. Darrell Issa, R-Calif., accused Smith of “spying” on the lawmakers whose records were subpoenaed. Those targeted by Smith’s team included McCarthy, Representative Mike Kelly, R-Pa., Senators Marsha Blackburn and Bill Hagerty of Tennessee, Senator Lindsey Graham, R-S.C., Senator Ron Johnson, R-Wis., and several others.
Smith also obtained court-authorized gag orders that temporarily barred phone carriers from notifying lawmakers of the subpoenas, meaning they had no immediate recourse to challenge them.
It’s common for prosecutors to seek gag orders, but Issa demanded to know why Smith didn’t tell the D.C. federal court that the subpoenas pertained to members of Congress, who have added layers of immunity under the Constitution.
“Why should Congress, a separate branch, which you have to respect under the Constitution, do something like this – why should no one – including judges – be informed?” Issa pressed. “When you went to spy on these people, did you tell them that you were spying, [that you were] “The records are being sought so that you can find out when the conversation took place between the Speaker of the US House and the President?”
Smith has said that he followed DOJ policy at the time, which did not require him to provide such notice to the court. That policy has since changed.
3. Former DC police officer thrown out of hearing after heated argument
Former Metropolitan Police officer Michael Fanone was once briefly escorted from a hearing after a tense conversation with army reservist and right-wing activist Ivan Ryklin.
Raiklin called Fanon over and introduced himself to the packed hearing room, prompting Fanon to turn back and say, “Go on—yourself. … Don’t pretend we’re not mortal enemies.”
The confrontation, which occurred during the hearing recess, almost turned into a physical altercation, as Fanon repeatedly yelled obscenities at Raiklin and Raiklin told Fanon to “control your Tourette syndrome.”
A fellow former official restrained Fanone, and a police officer escorted her out of the hearing room, while Democrats applauded her. According to video footage and court papers, Fanone was violently attacked during the January 6 attack, and since then he has been outspoken against those who breached the Capitol and attacked officers.
4. Smith predicts the DOJ will try to convict him
Trump posted on social media during the hearing that Smith was “being destroyed” by Republican lawmakers and that he was a “deranged animal.”
“Hopefully the Attorney General is looking at what he has done,” Trump wrote.
Jack Smith defends subpoena of Republicans’ phone records: ‘Completely correct’
In this 2025 photo, Attorney General Pam Bondi speaks with President Donald Trump at a White House press briefing. (Getty Images)
In response to a question about Trump’s post from Rep. Rebecca Balint, D-Vt., Smith said she expected the DOJ to attempt to charge him.
“I’m confident they will do everything in their power to do so, because they have been ordered to do so by the President,” Smith said.
Trump later wrote on social media: “Based on his testimony today, there is no question that the deranged Jack Smith should be prosecuted for his actions. … At the very least, he committed perjury on a massive scale!”
5. Smith expressed one regret about his work
Smith was asked whether the intense scrutiny and public threats against him made him reconsider his decision not to prosecute Trump.
“I don’t regret it,” Smith said.
However, when Representative Kevin Kiley, R-Calif., pressed Smith on the matter, Smith vouched for his staffers who left or were fired after Trump took office.
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Smith said, “If I have any regrets, it would be not expressing enough appreciation for my staff who have worked so hard on these investigations.” “They made endless sacrifices and endured so much to do their jobs,” he said.
Fox News’ Brain Deppish contributed to this report.
