House Judiciary Committee Releases Jack Smith Deposition Transcript

On Dec. 17, the House Judiciary Committee conducted a closed-door deposition of former Special Counsel Jack Smith. Legislators’ questions focused on the two criminal cases Smith brought against President Trump in 2022, as well as the subpoenaing of certain lawmakers’ telephone toll records pursuant to Smith’s investigation of the Jan. 6 Capitol attack. House Republicans released a partially redacted transcript of the deposition on Dec. 31, 2025.

In his testimony, Smith defended the weight and quality of the evidence supporting both cases he brought in 2022. The first case related to the president’s alleged criminal scheme to prevent the lawful transfer of power following the 2020 presidential election; the second related to President Trump’s alleged willful retention and improper storage of highly classified documents after he left office. 

Smith also defended the acquisition of lawmakers’ telephone toll records—which he emphasized did not include call content—as lawful and appropriate.

Smith could not comment on or share many details related to the classified documents investigation due to an injunction from Judge Aileen Cannon, the Florida district judge who oversaw the case.

Read the deposition transcript here or below and Lawfare Editor in Chief Benjamin Wittes’s reflections on the deposition here.