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A high-profile showdown

The former Justice Department special counsel who twice indicted President Donald Trump will present his case to the public — at least for one congressional hearing.

Jack Smith is set to testify before the House Judiciary Committee ([link removed]) on Thursday. It’s an opportunity for the career prosecutor to offer his inside perspective on the investigations into Trump’s mishandling of classified documents and attempt to overturn the results of the 2020 election. The president was indicted in two federal cases, but both were scuttled once it was clear that Trump would return to the Oval Office, due to DOJ policy that prevents prosecution of a sitting president.

Trump has denied wrongdoing while attacking Smith, calling him a “criminal” ([link removed]) who ought to be investigated and “put in prison.” On Tuesday, Trump took another swipe ([link removed]) at his perceived enemies, including Smith, whom he called “deranged” and “a sick son of a b***h.”

Now, in front of cameras, Smith will have the chance to say more to the American public.

This newsletter was compiled by Joshua Barajas. ([link removed])
HOW TO WATCH JACK SMITH’S TESTIMONY
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Watch the House hearing in the player above.
Jack Smith will appear before the House Judiciary Committee on Thursday, Jan. 22. The hearing is set to begin at 10 a.m. EST. Watch it live here. ([link removed])

The nightly PBS News Hour broadcast will have major takeaways from the hourslong hearing.

You can also follow the PBS News’ coverage on YouTube ([link removed]) , Facebook ([link removed]) , X ([link removed]) and Bluesky ([link removed]) and see highlights on our Instagram ([link removed]) and TikTok. ([link removed])
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WHAT TO EXPECT FROM JACK SMITH’S TESTIMONY
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Photo by Jonathan Ernst/Reuters
By Lisa Desjardins, @LisaDNews ([link removed])
Correspondent

Kyle Midura
Capitol Hill Producer

There are three things to watch during the highly anticipated congressional hearing.

1. Will we learn something new?

During his prior, closed-door testimony ([link removed]) before a select group of House Judiciary Committee members and staff, Smith forcefully denied the influence of any political bias on his work. He stood by his decision to pursue prosecution against the then former president and expressed a strong conviction that a jury would have found him guilty.

“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power,” he told lawmakers in December.

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Watch Jack Smith’s full deposition on investigating Trump in the player above.

But he provided few new details on the pair of years-old cases into Trump. Much of the investigation Smith and his team conducted into Trump's storage of classified documents at Mar-a-Lago is under seal, he told lawmakers, citing grand jury secrecy restrictions and a court order from Florida U.S. District Judge Aileen Cannon, a Trump appointee.

Smith would not say whether he had the opportunity to interview former Vice President Mike Pence but noted he would have been a strong witness had the case gone to trial.

Smith dropped both cases ([link removed]) in November 2024 after Trump won a second term.

Asked by Rep. Jared Moskowitz, D-Fla., whether his deposition was compelled at the instruction of the White House, he responded, “I am eyes wide open that this President will seek retribution.”

Smith said the decision to seek and secure location data and phone logs from lawmakers with ties — however tangential — to the events of that day was made for him.

“I did not choose those Members, President Trump did,” he said.

We’re not sure whether the full committee will get more details out of Smith in a public setting.

2. Will Republicans focus on Smith or on others?

Trump has repeatedly and sharply attacked Smith ([link removed]) as a biased “Trump hater.” But after Republicans released the transcript of Smith’s closed-door testimony, they highlighted one particular element: how Smith characterized the words of a major witness — Cassidy Hutchinson.

Hutchinson was the star witness of the Democratic-led Jan. 6 hearings ([link removed]) in 2022. At the time of the Capitol attack, she was a top aide to then-White House chief of staff Mark Meadows. She told Congress about Meadows and Trump’s reactions to the attack as it was underway.

In his closed-door testimony last month, Smith described Hutchinson as “a second- or even third-hand witness.” He was also not sure that her testimony would be admissible in court because it was secondhand. House Republicans focused on that online ([link removed]) , saying that the original Jan. 6 committee’s case was “destroyed.”

Watch for how much Republicans aim at Smith versus work to chip away at the case and witnesses involved.

3. Does the hearing change public opinion in any direction?

Smith’s investigation and charging of Trump was unprecedented in U.S. history.

On the one side is Smith’s case: He has not wavered, saying that Trump committed crimes against the country ([link removed]) and that the evidence proves this. But Trump has repeatedly denied any wrongdoing and insisted that he is the victim of a political attack.

A Democratic-led attempt to impeach Trump on similar charges failed in early 2021 and Trump remains protected from prosecution while in office.

But Trump and Republicans face headwinds in the midterm elections. And this hearing is yet another opportunity for both parties to try to sway the public on the leader of the GOP — and his actions.
More on Trump’s first year from our coverage:
* Read: Fact-checking Trump's marathon White House briefing ([link removed]) at the one-year mark of his second term, courtesy of PolitiFact.
* A Closer Look: What Congress is doing as Trump expands presidential power. ([link removed])
* Perspectives: A conservative legal scholar on the constitutionality of Trump's first year. ([link removed])

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