Top 5 moments from Jack Smith’s testimony to Congress

Former special counsel Jack Smith testified during a hearing Thursday on Capitol Hill, where he faced intense criticism from Republicans and praise from Democrats for his impeachment of the president. Donald Trump.

The hearing gave Smith, who has served as a prosecutor for nearly three decades, a rare opportunity to speak publicly about his work. He defended his indictments against Trump in connection with the 2020 election and classified the documents as illegal and non-political.

“If I were asked whether I would 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,” Smith said.

Jack Smith has been called to depose before the House Judiciary Committee

Former Special Counsel Jack Smith testifies during a hearing before the House Judiciary Committee at the Rayburn House Office Building on Capitol Hill on January 22, 2026, in Washington, D.C. (Al Drago/Getty Images)

Republicans have made clear they feel the cases filed when Trump was a leading presidential candidate were politically motivated and aimed at interfering in the 2024 election.

“It’s always been about politics,” Chairman Jim Jordan, R-Ohio, said in his opening statement.

1. Smith collected “months’ worth” of phone data on the Republican Speaker of the House

Rep. Brandon Gill, R-Texas, questioned Smith about controversial subpoenas for phone records belonging to several Republicans. Gill focused on a subpoena seeking three months of data belonging to former House Speaker Kevin McCarthy in 2023.

“Sixteen days after you became the highest Republican in the House, you subpoenaed his toll records,” Gill said, asking whether Smith felt it might violate the Constitution.

“I don’t,” Smith replied.

“You have been collecting phone data for months on the Republican Speaker of the House, the Leader of the Opposition, right after he was sworn in as Speaker…. This appears to be a blatant violation of the speech or debate requirement,” Gill said.

Smith has repeatedly defended the subpoenas as appropriate, noting that his team sought a narrow set of data as part of its investigation into the 2020 election, and that the phone records did not contain the contents of the messages or calls.

“If Donald Trump had chosen to call a number of Democratic senators, we would have gotten record numbers of Democratic senators,” Smith said in a closed briefing last month.

2. Issa accuses Smith of “spying”

Rep. Darrell Issa, R-Calif., accused Smith of “spying” on lawmakers whose records were subpoenaed. Those targeted by Smith’s team include McCarthy, Rep. Mike Kelly, R-Pa., Sens. Marsha Blackburn, R-Tennessee, Sen. Lindsey Graham, R-Wis., Sen. Ron Johnson, R-Wis., and many others.

Smith also obtained court-authorized gag orders that temporarily barred phone companies from notifying lawmakers of the subpoenas, meaning they had no immediate recourse to challenge them.

It is common practice for prosecutors to seek gag orders, but Issa demanded to know why Smith did not inform the federal court in D.C. that the subpoenas related to members of Congresswho added layers of immunity under the Constitution.

“Why should Congress, a separate branch, be respected under the Constitution — why should no one — including judges — be informed?” Issei pressed. “When you went to spy on those people, did you mention that you were spying on them? [that you were] Are you looking for records so you can find out when conversations took place between the Speaker of the United States House of Representatives and the President?”

Smith said he followed Justice Department policy at the time, which did not require him to provide such notice to the court. This policy has since changed.

3. A former D.C. police officer is escorted out of the hearing room after a gunfight

Former D.C. police officer Michael Vanone was briefly escorted out of the hearing after a tense exchange with Evan Raichlin, who was an Army reservist and right-wing activist.

Raichlin called out to Fanone and introduced himself into the packed auditorium, prompting Fanone to turn around and say, “Go on…don’t pretend we’re not mortal enemies.”

The confrontation, which occurred during a listening break, escalated into a near-physical altercation, with Fanone repeatedly hurling obscenities at Raichlin and Raichlin telling Fanone to “get his Tourette syndrome under control.”

A fellow former officer handcuffed Fanone, and a police officer ushered him out of the hearing room as Democrats applauded him. Fanone was violently assaulted during the Jan. 6 attack, according to video footage and court papers, and has since been outspoken against those who stormed the Capitol and attacked officers.

4. Smith expects the Department of Justice will try to charge him

Trump posted on social media during the hearing that Smith was “being eliminated” by Republican lawmakers and that he was a “deranged animal.”

“I hope the Attorney General will look into what he did,” Trump wrote.

Jack Smith defends Republican phone records: ‘Absolutely true’

Attorney General Pam Bondi speaks alongside President Donald Trump at a White House news conference in this 2025 photo. (Getty Images)

In response to a question about Trump’s post from Rep. Rebecca Balint, D-Vermont, Smith said he expected the Justice Department would try to charge him.

“I think they will do everything they can to do this, because the president ordered them to do so,” Smith said.

Trump later wrote on social media: “Based on his testimony today, there is no doubt that deranged Jack Smith should be prosecuted for his actions. At the very least, he committed perjury on a massive scale!”

5. Smith reveals his only regret about his work

Smith was asked If anything, the intense scrutiny and public threats against him made him wish Trump had never been prosecuted.

“I don’t regret it,” Smith said.

However, when Rep. Kevin Kelly, R-Calif., pressed Smith on the issue, Smith emphasized his staff, all of whom left or were fired when Trump took office.

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“If I had any remorse, I would not give enough credit to my employees, who worked so diligently on these investigations,” Smith said, adding that they “sacrificed endlessly and endured so much just to do their jobs.”

Fox News’ Brian Depesch contributed to this report.