Former US special counsel Jack Smith has delivered a stark warning about the future of American democracy during a closed-door congressional deposition, stating that failing to hold those responsible for election interference accountable would be "catastrophic."
Defending the Aborted Prosecutions
Smith, who led the federal investigations into Donald Trump, testified before the House judiciary committee on 17 December 2025. According to a transcript released on Wednesday, he robustly defended the charges he brought against the former president for allegedly hoarding classified documents and attempting to overturn the 2020 election result.
In a tense exchange with Democratic congresswoman Pramila Jayapal, Smith outlined the dire potential consequences of inaction. When asked about the toll on democracy if election meddling went unpunished, his reply was unequivocal: "Catastrophic." He argued that such interference would become "the new norm" for conducting elections.
No Contact with Biden, 'Proof Beyond Reasonable Doubt'
Throughout his more-than-eight-hour testimony, Smith sought to dismantle Republican claims that the Justice Department had been "weaponised" by President Joe Biden against his political rival. He stated categorically that he never received any instructions from Biden regarding the investigations and had no communications with the president about the cases.
Smith emphasised his independence, telling the committee he operated without interference from Attorney General Merrick Garland or other senior officials. He expressed absolute confidence in the evidence his team had gathered, stating he believed "we had proof beyond a reasonable doubt in both cases." He added that he would have prosecuted a former president of either party based on the same facts.
Legal Hurdles and the Shadow of Retribution
The deposition revealed the significant legal obstacles that ultimately prevented the federal cases from reaching trial before Trump returned to office in 2025. Smith cited a Supreme Court ruling on presidential immunity that hampered the election case and controversial rulings from Florida Judge Aileen Cannon that derailed the classified documents indictment.
Smith also addressed the controversy surrounding his team's lawful collection of phone metadata from several members of Congress. He clarified that only call durations and numbers were obtained, not contents, and stressed this data was crucial. "President Trump and his associates tried to call members of Congress... urging them to further delay certification," Smith testified, adding, "I did not choose those members, President Trump did."
Striking a personal note, the former special counsel acknowledged the risk of retribution from the now-reinstated president. "I have no doubt that the president wants to seek retribution against me," Smith said during the lengthy questioning.
