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By Gabe Whisnant
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Former special counsel Jack Smith was asked Thursday at a congressional hearing whether he had any "regrets," a question that drew fresh attention to two criminal investigations that shadowed Donald Trump during his 2024 presidential campaign.
Smith replied to a question from Republican Representative Kevin Kiley of California, in part, “If I have any regret, it would be not expressing enough appreciation for my staff, who worked so hard in these investigations. We followed the facts and the law. These people who worked for me sacrificed endlessly and have endured way too much for just doing their jobs. If anything, I wished I would have thanked them..."
Kiley quipped back, "No mistakes. There's that humility. Mr. Chair, I yield back."
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Smith on Thursday defended his investigations of Trump at the contentious House Judiciary Committee hearing, insisting that he acted without political motivation and had no regrets about the criminal charges he brought. The appearance marked Smith’s first public testimony since leaving the post last year and came after he answered lawmakers’ questions in a closed session last month.
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The five-hour hearing immediately broke along familiar partisan lines. Republican lawmakers sought to depict Smith as an overaggressive prosecutor determined to target Trump, while Democrats pushed to reinforce the legitimacy of his work and to elicit new insights into the former president’s conduct.
“It was always about politics,” said Representative Jim Jordan of Ohio, the Republican chairman of the committee.
“Maybe for them,” Democratic Representative Jamie Raskin of Maryland replied in his opening statement. “But for us, it’s all about the rule of law.”
Smith reiterated that he stood firmly by his decisions as special counsel to bring charges against Trump in two separate cases. One accused Trump of conspiring to overturn the 2020 election after his loss to Joe Biden; the second alleged that he hoarded classified documents at his Mar-a-Lago estate in Florida, after leaving the White House.
He emphasized that he “followed Justice Department policies, observed legal requirements and took actions based on the fact and the law.”
“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity,” Smith said. “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. No one should be above the law in our country, and the law required that he be held to account.”
Fallout and Retaliation Inside the Trump Administration
The hearing unfolded as the Trump administration continues what critics describe as a retribution campaign against officials who investigated him. Smith noted that the Justice Department dismissed multiple lawyers and staffers who worked on his team, and said an independent watchdog agency responsible for enforcing rules against partisan political activity opened an investigation into him last summer.
“In my opinion, these people are the best of public servants,” Smith said of his former team members. “Our country owes them a debt of gratitude, and we are all less safe because many of these experienced and dedicated law enforcement professionals have been fired.”
Smith was appointed in 2022 by then-Attorney General Merrick Garland to oversee the investigations into Trump, who has repeatedly denied wrongdoing. Both probes produced indictments, but Smith and his team abandoned the cases after Trump returned to the White House, citing longstanding Justice Department opinions that a sitting president cannot be charged with a crime.
Republicans, led by Jordan, argued Thursday that the investigations were a political effort to damage Trump’s presidential run. “We should never forget what took place, what they did to the guy we the people elected twice,” Jordan said.
Smith rejected that assertion, saying the evidence placed Trump “at the heart” of a criminal conspiracy to overturn the 2020 election and impede the peaceful transfer of power.
GOP Claims of Overreach
Throughout the hearing, Republican lawmakers portrayed Smith as an overly aggressive prosecutor who pushed the limits of his authority. Kiley accused him of lacking the “humility and restraint” shown by other special counsels, saying Smith had sought “maximum litigation advantage at every turn” and “repeatedly circumvented constitutional limitations.”
Kiley and other Republicans focused in particular on Smith’s decision to obtain and review phone records belonging to more than a half-dozen GOP lawmakers who communicated with Trump on January 6, 2021, as his supporters stormed the U.S. Capitol. The records revealed the length and timing of the calls but not their content. Republicans said the move was an overreach; Smith described it as routine.
“It is a common practice,” he told lawmakers. “We sought this information because we needed to understand the scope of the conspiracy to overturn the election.”
Smith added that the evidence showed Trump was “by a large measure the most culpable and most responsible person in this conspiracy. These crimes were committed for his benefit.”
Limited Insight Expected on Classified Documents Case
Smith did not disclose new details about the classified documents investigation. A report prepared by his team remains under seal under an order from U.S. District Judge Aileen Cannon, a Trump appointee in Florida. Trump’s attorneys this week asked the court to permanently block its release.
Smith declined to comment on the sealed report but said his office followed standard procedures throughout the inquiry.
This article includes reporting by the Associated Press.
Update 1/22/26, 6:03 p.m. ET: This article was updated with additional information.
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