The Jan. 6, 2021, attack on the U.S. Capitol “will not happen” without Donald Trump, former special counsel Jack Smith told lawmakers, describing the Republican president as “the most culpable and responsible person” in a criminal conspiracy to overturn the 2020 election.
Smith’s remarks were revealed after the Republican House Judiciary Committee on Wednesday released a transcript and video of a closed-door testimony he gave earlier this month.
Smith advocates the investigation as evidence-driven
During day-long testimony on Dec. 17, Smith repeatedly rejected Republican claims that his investigation into Trump was politically motivated or designed to block Trump from returning to the White House.
“The evidence here clearly showed that President Trump was by far the most culpable and responsible person in this conspiracy,” Smith said. “These crimes were committed for his benefit.
“So in terms of why we would pursue a case against him, I completely disagree with any characterization that our work should have hindered him in any way in the presidential election,” he added.
“Without him, the attack won’t happen”
Smith said the evidence showed that Trump’s actions directly led to the unrest in the Capitol.
“The attack that happened at the Capitol that is part of this case would not have happened without him,” Smith said. “The other co-conspirators were doing it for his benefit.
Smith said Trump knowingly spread false claims of voter fraud, angering supporters and directing them to the Capitol on Jan. 6.
“He made false statements to state legislators, to his supporters in all sorts of contexts,” Smith said, adding that Trump knew in advance that his supporters were upset.
Trump “caused it and abused it,” says Smith
Smith said the evidence showed Trump both caused and abused the violence once it began.
“He caused it and he used it and it was predictable for him,” Smith told lawmakers.
Smith added that Trump refused to act when the violence unfolded and instead escalated tensions.
“Once the attack on the Capitol happened, he refused to stop it,” Smith said. “Instead, he issued a tweet that, without a doubt in my mind, threatened the life of his own vice president.”
Evidence based on Republican testimony
Smith said one of the strongest elements of the case was the testimony of Trump allies and Republican officials who cooperated with investigators.
“Our case was built on, frankly, Republicans putting their allegiance to country before party,” Smith said.
He cited testimony from a Pennsylvania voter and former Republican congressman who called the effort to overturn the election illegal.
The accounts of Republicans willing to challenge false claims of voter fraud, even at personal or political risk, constituted what Smith called the “most powerful” evidence.
GOP lawmakers defended phone records
Smith also addressed Republican outrage over his team’s access to phone records of GOP lawmakers who spoke with Trump on Jan. 6.
Smith said the move was legal and that Trump, not prosecutors, was responsible.
“Well, I think the person who should be responsible for that is Donald Trump,” Smith said. “He ordered his co-conspirators to call these people to further delay the proceedings.
“If Donald Trump decided to call a few Democratic senators, we would get the toll records for the Democratic senators,” he added.
Jim Jordan and Capitol fear quoted
Smith cited testimony from former Trump chief of staff Mark Meadows, who told investigators that Rep. Jim Jordan was in contact with the White House during the unrest.
“I never saw Jim Jordan afraid of anything,” Smith recalled of Meadows, adding that the fear among lawmakers underscored the seriousness of the attack.
SUV accident claim partially upheld
Smith said investigators were looking into claims by former White House aide Cassidy Hutchinson that Trump grabbed the steering wheel of his presidential SUV when Secret Service agents refused to take him to the Capitol.
Smith said the officer in the vehicle confirmed that Trump was “very angry” and wanted to go to the Capitol, though the account did not fully match Hutchinson’s version.
Cases dropped after Trump’s 2024 victory
Trump has been indicted on charges of conspiring to sway the 2020 election and mishandling classified documents at his Florida headquarters. Both cases were shelved after Trump won the 2024 election, with Smith citing a Justice Department policy barring the prosecution of a sitting president.
Smith said he believed the evidence was strong enough to secure a conviction, despite the cases being dropped.
The published testimony marks Smith’s only appearance before Congress since resigning as special counsel last year.
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