Jack Smith tells Congress Trump 'engaged in criminal activity' over Capitol attack

Former US special counsel Jack Smith has said he believes Donald Trump was responsible for the violence at the US Capitol on 6 January 2021 and that his investigations produced sufficient evidence to convict the former president, according to testimony delivered before a congressional committee.

In his first public appearance addressing the now-closed criminal cases against Trump, Smith told lawmakers that his team had gathered "proof beyond a reasonable doubt" in two prosecutions - one related to alleged efforts to overturn the 2020 election and another concerning the alleged unlawful retention of classified documents after Trump left office, the BBC reported.

Trump pleaded not guilty in both cases, which were dropped after he returned to the White House last year.

The five-hour hearing on Thursday followed the release of 255 pages of transcripts on New Year's Eve from Smith's earlier closed-door testimony. While the public session revealed little new evidence, it highlighted sharp partisan divisions over Trump's conduct and the legitimacy of the investigations.

Republican lawmakers repeatedly accused Smith of carrying out politically motivated prosecutions and alleged that he improperly targeted Republican members of Congress by seeking subpoenas for phone records. Democrats, meanwhile, focused on Trump's actions surrounding the Capitol riot and praised Smith for pursuing the cases.

'No one should be above the law'

Smith told the committee that he stood by his decision to charge Trump and would make the same choice again.

"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," he said. "No one should be above the law in our country, and the law required that he be held to account. So that is what I did."

He said the evidence against Trump was "overwhelming" and that his team believed convictions were achievable in both cases.

"The evidence here made clear that President Trump was, by a large measure, the most culpable and most responsible person in this conspiracy," Smith said of the election interference case.

Referring to the 6 January riot, Smith added, "The attack that happened at the Capitol, part of this case, does not happen without him. The other co-conspirators were doing this for his benefit."

Fears of retaliation

Asked whether he expected possible legal action against himself, Smith said he believed the Justice Department could pursue him under pressure from Trump, now led by Attorney General Pam Bondi, a close ally of the president.

"I believe they will do everything in their power to do that because they have been ordered to by the president," Smith said.

He added that Trump's repeated public attacks were intended to intimidate him.

"I will not be intimidated," Smith said. "I think these statements are also made as a warning to others of what will happen if they stand up."

Federal officials opened an inquiry into Smith over the summer, though the Office of the Special Counsel does not have authority to bring criminal charges and can only recommend disciplinary action or refer findings to the Justice Department.

Following the hearing, Trump wrote on social media: "Based on his testimony today, there is no question that Deranged Jack Smith should be prosecuted for his actions."

Deep divisions over 6 January

The hearing underscored continued partisan disagreement over responsibility for the Capitol attack. Four former Capitol Police officers who defended the building that day attended the session and visibly reacted to lawmakers' remarks.

Texas Republican Troy Nehls told the officers that responsibility lay not with Trump but with Capitol Police leadership.

"You were all unprepared to deal with that day and that's because your leadership failed to share the intelligence with you," Nehls said. "It was their fault, it was not President Trump."

Smith was also questioned about Trump's decision to issue mass pardons on his first day back in office to more than 1,000 people charged or convicted in connection with the riot.

"I do not understand why you would mass pardon people who assaulted police officers," Smith said. "I don't get it. I never will."

He warned that "all of us, if we're reasonable, know that there's going to be more crimes committed by these people in the future".

After the hearing concluded, Smith shook hands with the four former officers seated behind him.

Trump responds from afar

As the hearing took place, Trump — returning from the World Economic Forum in Davos — posted a series of comments on Truth Social criticising Smith.

"Deranged Jack Smith is being DECIMATED before Congress," Trump wrote. "It was over when they discussed his past failures and unfair prosecutions."

He accused Smith of destroying "many lives under the guise of legitimacy" and added: "Jack Smith is a deranged animal, who shouldn't be allowed to practice Law."

Trump also said he hoped "the Attorney General is looking at what he's done" and warned that "a big price should be paid" by Democrats for pursuing the investigations.