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Former special counsel Jack Smith testified during a hearing Thursday on Capitol Hill, where he faced searing criticism from Republicans and praise from Democrats over his two prosecutions of President Donald Trump.
The hearing gave Smith, a career prosecutor of nearly three decades, a rare chance to speak publicly about his work. He defended his indictments against Trump related to the 2020 election and classified documents as by-the-book and apolitical.
“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,” Smith said.
JACK SMITH SUBPOENAED FOR DEPOSITION WITH HOUSE JUDICIARY COMMITTEE
Republicans made clear they felt the cases, brought while Trump was a leading presidential candidate, were driven by politics and designed to interfere with the 2024 election.
“It was always about politics,” Chairman Jim Jordan, R-Ohio, said in his opening statement.
1. Smith collected ‘months’ worth of phone data on the Republican speaker of the House
Rep. Brandon Gill, R-Texas, grilled Smith over the controversial subpoenas of phone records belonging to several Republicans. Gill zeroed in on a subpoena that sought about three months of data belonging to former House Speaker Kevin McCarthy in 2023.
“Sixteen days after becoming the highest ranking Republican in the House of Representatives, you subpoenaed his toll records,” Gill said, asking if Smith felt that could have violated the Constitution.
“I do not,” Smith replied.
“You were collecting months’ worth of phone data on the Republican speaker of the House, the leader of the opposition, right after he got sworn in as speaker. … That sounds like a flagrant violation of the speech or debate clause,” GIll said.
Smith has repeatedly defended the subpoenas as proper, noting that his team sought a narrow set of data as part of his 2020 election probe and that the phone records did not contain contents of messages or calls.
“If Donald Trump had chosen to call a number of Democratic senators, we would have gotten toll records for Democratic senators,” Smith said in a closed-door deposition 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, Rep. Mike Kelly, R-Pa., Sens. Marsha Blackburn and Bill Hagerty of Tennessee, Sen. Lindsey Graham, R-S.C., Sen. Ron Johnson, R-Wis., and several others.
Smith also obtained court-authorized gag orders that temporarily blocked phone carriers from notifying the lawmakers of the subpoenas, meaning they had no immediate recourse to challenge them.
It is common practice for prosecutors to seek gag orders, but Issa demanded to know why Smith did not inform the D.C. federal court that the subpoenas pertained to members of Congress, who have added layers of immunity under the Constitution.
“Why did Congress, a separate branch that you, under the Constitution, have to respect — why is it that no one should be informed — including the judges?” Issa pressed. “As you went in to spy on these people, did you mention that you were spying on, [that you were] seeking records so you could find out about when conversations occurred between the U.S. speaker of the House and the president?”
Smith has said he followed the DOJ’s policy at the time, which did not require him to give such notice to the court. That policy has since changed.
3. Former D.C. police officer gets escorted out of hearing after fiery clash
Former Metropolitan Police Officer Michael Fanone was briefly escorted out of the hearing after a tense exchange with Ivan Raiklin, a one-time Army reservist and right-wing operative.
Raiklin called out to Fanone and introduced himself amid a packed hearing room, prompting Fanone to turn around and say, “Go f— yourself. … Don’t pretend like we’re not mortal enemies.”
The confrontation, which occurred during a hearing recess, escalated to a near-physical altercation, as Fanone repeatedly lobbed obscenities at Raiklin and Raiklin told Fanone to “control his Tourette syndrome.”
A fellow former officer restrained Fanone, and a police officer guided him out of the hearing room while Democrats applauded him. Fanone was violently assaulted during the Jan. 6 attack, according to video footage and court papers, and has since been outspoken against those who breached the Capitol and attacked officers.
4. Smith predicts DOJ will try to indict him
Trump posted on social media during the hearing that Smith was “being DECIMATED” by Republican lawmakers and was a “deranged animal.”
“Hopefully the Attorney General is looking at what he’s done,” Trump wrote.
JACK SMITH DEFENDS SUBPOENAING REPUBLICANS’ PHONE RECORDS: ‘ENTIRELY PROPER’
In response to a question about Trump’s post from Rep. Rebecca Balint, D-Vt., Smith said he expected the DOJ would attempt to charge him.
“I believe they will do everything in their power to do that, because they have been ordered to by the president,” Smith said.
Trump later wrote on social media: “Based on his testimony today, there is no question that Deranged Jack Smith should be prosecuted for his actions. … At a minimum, he committed large scale perjury!”
5. Smith reveals his one regret about his work
Smith was asked if the intense scrutiny and public threats against him have made him wish he did not prosecute Trump.
“I don’t regret it,” Smith said.
However, when Rep. Kevin Kiley, R-Calif., pressed Smith on the matter, Smith vouched for his staff, who all left or were fired when Trump took office.
“If I have any regret, it would be not expressing enough appreciation for my staff, who worked so hard on these investigations,” Smith said, adding they “sacrificed endlessly and endured way too much just doing their jobs.”
Fox News’ Breanne Deppisch contributed to this report.
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