At a Glance
- Jack Smith says the Jan. 6 riot would not have happened without Trump.
- He defended the investigations as not politically motivated.
- A transcript of his Dec. 17 deposition was released by the House Judiciary Committee.
- Why it matters: The comments clarify Trump’s role in the Capitol attack and the basis for ongoing legal actions.
Special Counsel Jack Smith clarified the extent of former President Donald Trump’s involvement in the January 6 Capitol riot during a closed-door deposition that the House Judiciary Committee released on Dec. 17.
Smith’s Deposition Highlights Trump’s Responsibility
Smith said Trump was the most culpable and most responsible person in the conspiracy to overturn the 2020 election. He added that the crimes were committed for Trump’s benefit and that the Capitol attack did not happen without him. Smith also rejected claims that the investigations were aimed at hampering Trump’s 2024 campaign.
Special Counsel Jack Smith stated:
> “The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy. These crimes were committed for his benefit. The attack that happened at the Capitol, part of this case, does not happen without him.”
- Trump was “most culpable and most responsible” in the conspiracy.
- The crimes were committed for his benefit.
- The Capitol attack did not happen without him.
Evidence and Republican Cooperation
Smith emphasized that the Jan. 6 case relied heavily on testimony from Trump allies who cooperated. He cited an elector in Pennsylvania who claimed the attempt to overturn the election was illegal, and he praised Republicans who put allegiance to the country before the party. The evidence from these Republicans was described as the “most powerful” against Trump.
- A former congressman elector in Pennsylvania testified the plan was illegal.
- Mark Meadows confirmed Rep. Jim Jordan was in contact with the White House on the afternoon of the riot.
- Jim Jordan said he had never been scared, underscoring the seriousness of the events.
Phone Records and Legal Strategy
The deposition also addressed Republican anger over phone records of GOP lawmakers who contacted Trump on Jan. 6. Smith defended the records as lawful and said the blame should rest on Trump, who directed co-conspirators to call senators to delay proceedings. He noted that if Trump had called Democratic senators, similar records would have been obtained.
Cassidy Hutchinson Claim
When asked about Cassidy Hutchinson’s claim that Trump grabbed the steering wheel of the presidential SUV, Smith said investigators interviewed the officer in the car. The officer reported Trump was angry and wanted to go to the Capitol, but his account differed from Hutchinson’s secondhand version.
| Event | Date | Key Detail |
|---|---|---|
| Jan. 6 Capitol riot | Jan. 6, 2021 | Attack on Congress |
| Deposition released | Dec. 17, 2023 | Transcript of Smith’s interview |
| Trump indicted | 2024 | Charges for election interference and classified documents |
Key Takeaways
- Smith’s deposition confirms Trump’s central role in the Capitol attack.
- Evidence relies on testimony from Trump allies and Republican cooperation.
- Phone records and legal strategy were defended as lawful, with accountability resting on Trump.
Special Counsel Jack Smith’s statements reinforce the legal narrative that Trump orchestrated the Capitol attack and that the investigations are grounded in solid evidence.
