Jack Smith, the former special counsel who orchestrated the federal criminal cases against Donald Trump, plans to tell the Senate Judiciary Committee Tuesday morning that he stands by his decision to bring charges against the president — arguing that his investigations “developed proof beyond a reasonable doubt that President Trump engaged in criminal activity.”
Smith has faced unrelenting criticism from Republicans for presiding over what they view as partisan and flawed inquiries; some, including Trump, have called for him to be jailed. Yet Smith, in his opening prepared remarks obtained in advance by POLITICO, will maintain he made the right decision to prosecute Trump — both for his alleged role in trying to overturn the 2020 presidential election results that led to the Jan. 6, 2021 Capitol attack, and for his alleged unlawful retention of classified documents at Mar-a-Lago.
“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 plans to say, according to his written testimony.
Smith will note that grand juries in two separate districts reached the same conclusion his investigation did. He also will reflect that the country is facing “challenges unlike any we have experienced in our lifetime” as U.S. citizens are routinely threatened with indictments because they are seen as opposing Trump.
“Predetermined outcomes increasingly seem to take precedence over the Justice Department’s long-standing core values, traditions, and norms,” Smith intends to tell lawmakers. “History teaches that the rule of law is rarely destroyed all at once. It is often weakened by attacks on the institutions and public servants sworn to uphold it.”
Tuesday will mark the third time Smith has appeared on Capitol Hill over the last two years. He has previously testified to members of the House Judiciary Committee — first privately, then in a public hearing — as Republicans have accused him of overstepping his bounds.
GOP lawmakers are particularly incensed over Smith’s moves to obtain electronic communications for dozens of House and Senate Republicans around the time of the Jan 6, 2021 Capitol riots. Senate Judiciary Chair Chuck Grassley (R-Iowa)revealed in July that Smith obtained text messages between 44 members of Congress and White House officials during that period.
Sen. Dick Durbin of Illinois, the Judiciary panel’s top Democrat, said in a floor speech Monday, that Smith is “a nonpartisan career prosecutor.” He also criticized his GOP colleagues for having “made no effort to obtain a copy of Volume 2 of Jack Smith’s report,” which details findings from the case involving Trump’s handling of classified materials at Mar-a-Lago.
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