The Jan. 6. riot at the US Capitol "does not happen" without Donald Trump, former special counsel Jack Smith told lawmakers earlier this month in characterizing the Republican president as the "most culpable and most responsible person" in the criminal conspiracy to overturn the results of the 2020 election. The Republican-led House Judiciary Committee released on Wednesday a transcript and video of a closed-door interview Smith gave about two investigations of Trump, reports the AP. The document shows how Smith, during the course of a daylong deposition, repeatedly defended the basis for pursuing indictments against Trump and vigorously rejected Republican suggestions that his investigations were politically motivated.
"The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy," Smith said, bristling at a question about whether his investigations were meant to prevent Trump from reclaiming the presidency in 2024. "These crimes were committed for his benefit. The attack that happened at the Capitol, part of this case, does not happen without him. The other co-conspirators were doing this for his benefit." He added: "So in terms of why we would pursue a case against him, I entirely disagree with any characterization that our work was in any way meant to hamper him in the presidential election."
The Dec. 17 deposition was conducted privately, despite Smith's request to testify publicly. The release of the transcript and video of the interview, so far Smith's only appearance on Capitol Hill since leaving his special counsel position last January, adds to the public understanding of the decision-making behind two of the most consequential Justice Department investigations in recent history. Trump was indicted on charges of conspiring to undo the 2020 election he lost to Democrat Joe Biden, and of willfully retaining classified documents at his Mar-a-Lago estate in Florida.
Both cases were abandoned after Trump's 2024 election win, with Smith citing DOJ policy against the indictment of a sitting president. Smith repeatedly made clear his belief that the evidence gathered against Trump was strong enough to sustain a conviction. Part of the strength of the Jan. 6 case, Smith said, was the extent to which it relied on the testimony of Trump allies and supporters who cooperated with the investigation. "Our case was built on, frankly, Republicans who put their allegiance to the country before the party," he noted. When it came to the Capitol riot itself, Smith said, the evidence showed that Trump "caused it and that he exploited it and that it was foreseeable to him." More here.
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