Topline
Former Special Counsel Jack Smith told Congress on Thursday he expects to be prosecuted by the Trump administration for bringing criminal charges against the president, after Trump said during Smith’s congressional testimony that he “hopes” Attorney General Pam Bondi is looking into the prosecutor who indicted him.
Former Justice Department special counsel Jack Smith testifies before the House Judiciary Committee on Jan. 22.
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Key Facts
Smith testified to the House Judiciary Committee on Thursday, in which he stood behind his decision to bring two sets of criminal charges against Trump—for allegedly trying to overturn the 2020 election and retaining classified documents—and said the criminal investigations were not at all politically motivated.
Trump responded to Smith’s testimony on Truth Social on Thursday, slamming Smith as a “deranged animal” and adding, “Hopefully the Attorney General is looking at what he’s done,” echoing other comments the president has made in the past suggesting he wants Smith to face prosecution.
Following Trump’s post, Rep. Becca Balint, D-Vt., asked Smith if he thought the Trump administration would try to indict him, to which Smith responded, “I believe they will do everything in their power to do that, because they have been ordered to by the president.”
Smith broadly defended himself in the face of Trump’s attacks against him Thursday, telling Balint he was “not going to be intimidated” by the president.
Crucial Quote
“I am not going to be intimidated. We did our work, pursuant to department policy. We followed the facts, and we followed the law, and the process resulted in proof beyond a reasonable doubt he committed serious crimes,” Smith testified Thursday. “I’m not going to pretend that didn’t happen because [Trump is] threatening me.”
Will Jack Smith Be Indicted?
While Trump has publicly urged Bondi to go after Smith, it remains to be seen if the Justice Department will ultimately try to bring charges against the former special counsel. It’s also unclear what basis the Trump administration could have to charge Smith, though the president said Thursday that Bondi should investigate “the crooked and corrupt witnesses that [Smith] was attempting to use in his case against me.” Even if the DOJ does try to indict Smith, it’s not a guarantee they would succeed, as a grand jury would need to approve the charges. While it has historically been easy for prosecutors to secure indictments from grand juries, jurors have repeatedly rejected charges the Trump administration has tried to bring against the president’s critics, such as New York Attorney General Letitia James.
Key Background
Smith led the criminal investigations against Trump that DOJ prosecutors carried out during the Biden administration, ultimately bringing the first sets of federal charges to ever be brought against a sitting or former president. The election indictment alleged Trump acted unlawfully in his actions to overturn the 2020 election—and pushed claims of election fraud despite knowing they were false—while the classified documents case alleged Trump improperly retained national security materials after leaving office and obstructed the government’s investigation into those documents. Neither of the cases ever went to trial, as they were dismissed after Trump’s reelection due to DOJ policies that prohibit the agency from prosecuting sitting presidents. Trump pleaded not guilty to the charges against him and repeatedly slammed the cases against him, describing them as politically motivated “witch hunts” designed to harm his presidential campaign and attacking Smith alongside other prosecutors and judges involved in the cases against him. Smith is one of a number of high-profile critics of the president whom Trump has sought to get “retribution” against during his second term. His DOJ has brought criminal charges against enemies including former Trump advisor John Bolton, James and former FBI Director James Comey, though the indictments against the latter two were later dropped. Several other Trump critics have been reported to be under investigation, including Sen. Adam Schiff, D-Calif., and Rep. Eric Swalwell, D-Calif.