Jack Smith Faces Congressional Scrutiny Over Trump Investigations
Washington D.C., Wednesday, 17 December 2025.
Former Special Counsel Jack Smith testifies behind closed doors today regarding abandoned Trump prosecutions, as Republicans aggressively probe his team’s acquisition of GOP lawmakers’ phone records during the investigation.
High-Stakes Testimony on Capitol Hill
Former Special Counsel Jack Smith arrived on Capitol Hill today, December 17, 2025, for a contentious closed-door deposition with the House Judiciary Committee [1][2]. The session marks a significant escalation in the Republican-led inquiry into the Department of Justice, specifically focusing on the federal investigations into President Donald Trump that were effectively abandoned following his 2024 election victory [2][3]. While Smith’s legal team had expressed a preference for a public hearing to ensure transparency, Committee Chairman Jim Jordan issued a subpoena compelling private testimony, arguing that the closed format allows for more extensive questioning in one-hour increments [3][4].
Scrutiny Over Surveillance and Subpoenas
A primary focal point of today’s interrogation involves the investigative methods employed by the Special Counsel’s office, particularly the acquisition of phone records belonging to members of Congress. Republicans allege that Smith’s team obtained the phone logs of at least eight GOP senators on October 29, 2025, as part of the probe into efforts to subvert the 2020 election results [5]. Chairman Jordan has framed these actions as indicative of a “weaponized” Justice Department, questioning the propriety of subpoenaing records from lawmakers and staff connected to the January 6 investigation, known internally as “Arctic Frost” [3][5]. In response, Smith is expected to defend the legal basis for his investigative steps, with his team maintaining that the subpoenas were “narrowly tailored” and entirely proper [3][4].
The Battle Over the Final Report
The testimony occurs against a backdrop of legal opacity regarding the findings of the Special Counsel’s now-closed investigations. A federal judge in Florida has maintained an 11-month prohibition on releasing details concerning Smith’s final report on the classified documents probe [1]. This secrecy has prompted procedural maneuvering from Committee Democrats, who filed an amicus brief earlier in December 2025 urging Judge Aileen Cannon to authorize the report’s release [1]. Ranking Member Jamie Raskin and Democratic lawyers argue that without access to the memorialized findings, neither Congress nor the public can meaningfully evaluate the legitimacy of the Committee’s accusations or the Special Counsel’s conduct [1][5].
Partisan Divides and Legal Perspectives
The political atmosphere surrounding the deposition is charged with hostility, highlighting deep partisan fractures. Representative Troy Nehls (R-Texas) explicitly stated that Smith “should be in jail,” labeling him a “crook” who needs to be held accountable [1][5]. Conversely, John Dowd, who previously served as Donald Trump’s personal lawyer, offered a starkly different assessment in an opinion piece published today. Dowd, citing his past adversarial interactions with Smith during the investigation of Rep. Don Young, described the former Special Counsel as a “fair, impartial” prosecutor who “should be celebrated” for his commitment to the rule of law [6]. As the deposition proceeds, Smith has indicated he will decline to answer questions that necessitate the disclosure of grand jury materials or information currently under seal [2][3].