In a stark and definitive assessment, former special counsel Jack Smith has told US lawmakers that the violent assault on the US Capitol on January 6, 2021, would not have taken place without the actions of former President Donald Trump. Smith described Trump as the 'most culpable and most responsible person' in the criminal conspiracy to overturn the legitimate results of the 2020 presidential election.
Deposition Details Reveal Trump's Central Role
The Republican-led House Judiciary Committee on Wednesday released the full transcript and video of Smith's closed-door deposition, which he gave on December 17. During this day-long session, Smith systematically rejected claims from Republican lawmakers that his investigations into Trump were politically motivated or an attempt to block his 2024 presidential run.
'The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy,' Smith stated emphatically. 'These crimes were committed for his benefit.' He added that any characterisation of his work as an effort to hamper Trump's election prospects was entirely incorrect.
Smith laid out a clear causal chain, asserting that Trump's knowingly false claims of widespread election fraud directly inflamed his supporters and directed their anger toward the Capitol. 'He made false statements to state legislatures, to his supporters in all sorts of contexts,' Smith said, noting Trump was aware in advance of his supporters' rage.
Evidence Built on Republican Testimony
One of the most powerful aspects of the case, according to Smith, was the testimony provided by Trump's own allies and Republican officials who chose to cooperate. 'Our case was built on, frankly, Republicans who put their allegiance to the country before the party,' Smith revealed.
He cited accounts from individuals like a Pennsylvania elector and a former Republican congressman, who described the push to overturn the election as illegal. Smith termed this testimony from Republicans willing to challenge false fraud claims, even at great personal and political risk, as some of the 'most powerful' evidence gathered.
Smith also defended his team's lawful acquisition of phone records for GOP lawmakers who communicated with Trump on January 6. He placed the responsibility squarely on Trump's shoulders. 'Well, I think who should be accountable for this is Donald Trump,' Smith said. 'He directed his co-conspirators to call these people to further delay the proceedings.'
Causing, Exploiting, and Refusing to Stop the Violence
Smith's deposition painted a picture of a president who both instigated and capitalised on the chaos. 'He caused it and he exploited it and it was foreseeable to him,' Smith told the lawmakers. Crucially, Smith stated that once the violence began, Trump refused to act to stop it.
'Once the attack on the Capitol happened, he refused to stop it,' Smith testified. 'He instead issued a tweet that without question in my mind endangered the life of his own vice president.'
The deposition also touched on chilling details from the day. Smith referenced testimony from Trump's former chief of staff, Mark Meadows, who said Representative Jim Jordan was in contact with the White House during the riot. 'I've never seen Jim Jordan scared of anything,' Meadows reportedly told investigators, highlighting the palpable fear among lawmakers.
Furthermore, Smith confirmed investigators looked into the claim by former White House aide Cassidy Hutchinson that Trump grappled with the steering wheel of his SUV. While the Secret Service officer in the vehicle confirmed Trump was 'very angry' and insisted on going to the Capitol, the account did not fully corroborate Hutchinson's version.
Smith's investigations led to indictments against Trump for conspiring to overturn the 2020 election and for mishandling classified documents at his Mar-a-Lago estate in Florida. However, both cases were dropped after Trump won the 2024 presidential election, citing the Justice Department policy against prosecuting a sitting president. Smith maintained his belief that the evidence was strong enough to secure convictions.
This released deposition marks Jack Smith's only appearance before Congress since he stepped down from his role as special counsel last year.
