Top 5 moments from Jack Smith’s testimony to Congress

Former special counsel Jack Smith testified at a hearing on Capitol Hill on Thursday; where he faced harsh criticism from Republicans and praise from Democrats over two investigations into President Donald Trump.

The hearing gave Smith, a career prosecutor of nearly three decades, a chance to speak publicly about his work. He defended his indictments of Trump regarding the 2020 election, classifying the documents as by-the-book and apolitical.

“If I were asked today whether to indict a former president based on the same facts, I would do so regardless of whether that president is a Republican or a Democrat,” Smith said.

JACK SMITH WITHDRAWED TO TESTIMONY WITH THE HOUSE JUDICIAL COMMITTEE

Republicans have made clear they feel the lawsuits, filed while Trump was the leading presidential candidate, were driven by politics and designed to interfere with the 2024 election.

“It was always about politics,” Rep. Jim Jordan, R-Ohio, said in his opening statement.

1. Smith collected “months” of phone data on the Republican speaker of the House of Representatives

Rep. Brandon Gill, R-Texas, grilled Smith about subpoenas of controversial phone records belonging to several Republicans. Gill focused on a 2023 subpoena requesting nearly three months’ worth of data on former House Speaker Kevin McCarthy.

“Sixteen days after he became the highest-ranking Republican in the House of Representatives, you sent his toll records to the court,” Gill said, asking Smith whether this might violate the Constitution.

“I don’t,” Smith replied.

“You were collecting months of phone data from the Republican speaker of the House, the leader of the opposition, immediately after he was sworn in as speaker. … This appears to be a clear violation of the speech or debate clause,” GIll said.

Smith has repeatedly defended the subpoenas, stating that his team was seeking a narrow set of data as part of the 2020 election investigation and that the phone records did not contain text or call content.

“If Donald Trump had chosen to call a number of Democratic senators, we would have toll records for Democratic senators,” Smith said in closed-door testimony last month.

2. Issa accuses Smith of ‘spying’

Rep. Darrell Issa, R-Calif., accused Smith of “spying” on lawmakers whose records were subpoenaed. Among those targeted by Smith’s team are McCarthy, Rep. Mike Kelly, R-Pa., Sen. Marsha Blackburn and Bill Hagerty of Tennessee, Sen. Lindsey Graham, R-S.C., Sen. Ron Johnson, R-Wis. and there were a few others.

Smith also obtained court-approved speech orders that temporarily bar telephone operators from notifying lawmakers of subpoenas; This means they have no immediate recourse to object to them.

It’s common practice for prosecutors to opt out of speaking, but Issa wanted to know why Smith didn’t inform the D.C. federal court that the subpoenas were for members of Congress, which adds layers of immunity under the Constitution.

“Why doesn’t Congress, which is a separate body that you must respect under the Constitution, have to inform anyone, including judges?” Issa pressed. “When you went to spy on these people, did you mention that you were spying? [that you were] Are you looking for records to find out when conversations took place between the Speaker of the U.S. House of Representatives and the President?”

Smith said at the time that he followed the Justice Department’s policy, which did not require him to make such a notification to the court. This policy has since changed.

3. Former D.C. police officer is escorted out of earshot after gunfight

Former Metropolitan Police Officer Michael Fanone was briefly removed from the hearing after a tense exchange with Ivan Raiklin, a onetime army reserve officer and right-wing operative.

Raiklin addressed Fanone and introduced himself in the middle of a packed courtroom, causing Fanone to turn and say: “Fuck you. … Don’t act like we’re not mortal enemies.”

The confrontation, which occurred during a break in the hearing, nearly escalated into a physical altercation with Fanone repeatedly shouting obscenities at Raiklin, and Raiklin told Fanone to “get his Tourette syndrome under control.”

A former police officer restrained Fanone and carried him out of the hearing room as Democrats applauded. Fanone was violently attacked during the Jan. 6 attack and has since been outspoken against those who breached the Capitol and attacked officers, according to video footage and court documents.

4. Smith predicts the Justice Department will try to charge him

During the hearing, Trump posted on social media that Smith was “destroyed” by Republican lawmakers and was a “deranged animal.”

“I hope the Attorney General is looking at what he’s doing,” Trump said.

JACK SMITH DEFENDS REPUBLICANS’ PHONE RECORDINGS: ‘TOTALLY APPROPRIATE’

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

In response to a question from Rep. Rebecca Balint, D-Vt., about Trump’s post, Smith said he expected the Justice Department to attempt to indict him.

“I believe they will do everything they can to do this because they have been instructed by the president,” Smith said.

Trump later wrote on social media: “Based on his testimony today, there is no doubt that Jack Smith the Deranged 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 job

Smith was asked if the intense scrutiny and public threats against him had led him to wish not to prosecute Trump.

“I have no regrets,” Smith said.

But when Rep. Kevin Kiley, R-Calif., pressed Smith on the issue, Smith vouched for his staff who either left or were fired when Trump took office.

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“If I have to express regret, it would mean that I did not show enough appreciation to my staff who worked so hard on these investigations,” Smith said, adding that they “sacrifice infinitely and suffer tremendously just doing their jobs.”

Fox News’ Breanne Deppisch contributed to this report.