Jack Smith wants to make his case against Donald Trump to Congress — but he’s walking into a political and legal minefield.
The Biden-era special counsel who brought the first and only federal criminal charges ever leveled against a former president is set to testify Wednesday morning to members of House Judiciary.
The stakes are high.
Republicans are looking to portray Smith as a tool of a weaponized Justice Department — an allegation Republicans have brandished amid recent revelations Smith obtained phone records of at least eight GOP senators as part of his probe into Trump’s efforts to subvert the 2020 election results.
“What they did all along, everything was wrong … a lot of things that were just not normal course of investigation or prosecution,” Chair Jim Jordan (R-Ohio) told POLITICO. “If he comes in and doesn’t answer questions, that’s going to be a problem.”
Judiciary Republican Troy Nehls of Texas, when asked about his ideal outcome for Smith’s deposition, didn’t hold back.
“Jack Smith should be in jail — if not prison,” he said. “He’s a crook … and he needs to be held accountable for all his games that he played.”
Democrats, meanwhile, are eager for more information about the investigations Smith had to abandon after Trump won reelection in 2024, bowing to the fact that sitting presidents cannot face federal charges while in office. Smith was investigating Trump for election subversion attempts and mishandling classified documents.
“We want to hear exactly what he found, and what he did,” said Jamie Raskin (D-Md.), the top House Judiciary Democrat.
Peter Koski, a former top DOJ official and a member of Smith’s legal team, said in a statement his client is “looking forward to answering the committee’s questions, sharing the legal basis for his investigative steps, and discussing the evidence of President Trump’s alleged efforts to overturn the 2020 election and his unlawful possession of classified documents at Mar-a-Lago.”
But Smith is bound by complex secrecy rules that limit what he is able to share with lawmakers.
Raskin maintains Smith’s task Wednesday is simple: “He just needs to come and tell the truth.”
What else we’re watching:
— Decision day for health care: The House will vote Wednesday on the GOP health care package without an Affordable Care Act subsidy extension — and without any of the amendments moderates were seeking. Members are set to vote on the rule Wednesday morning, with the final vote on the bill expected Wednesday afternoon (assuming the rule is adopted).
The Problem Solvers will also huddle with rank-and-file senators Wednesday to discuss a framework that includes an ACA extension and other health policy items for January.
— Carr in the hot seat: FCC Chair Brendan Carr’s appearance before Senate Commerce Wednesday will be a telling moment for Republicans as GOP committee members balance concerns over free speech with their reluctance to criticize the administration.
Commerce Chair Ted Cruz (R-Texas) told reporters Tuesday he plans to use the FCC oversight hearing to explore free speech concerns, though it’s unclear how far most Republicans on the committee will go in relitigating Carr’s threats against TV show host Jimmy Kimmel earlier this year.
Kyle Cheney, Meredith Lee Hill, Mia McCarthy and John Hendel contributed to this report.