Jack Smith's upcoming testimony is poised to remind Americans of the fragility of the rule of law, urging them not to take it for granted. In his first public address to Congress regarding the investigations into former President Donald Trump, Smith's prepared remarks have been obtained by NBC News and reveal a poignant warning.
"I have witnessed the gradual erosion of the rule of law. My concern is that after experiencing its stability for so long in this country, many of us may have begun to assume it will always hold strong," Smith intends to convey to the members of the House Judiciary Committee.
He emphasizes, "However, the rule of law does not operate on its own — it relies on our collective dedication to uphold it. It demands selfless service from us all, particularly during challenging times when such commitment may come at a personal cost." Smith adds, "Our readiness to bear these costs is the true measure of our dedication to the rule of law and to this great nation."
In his testimony, Smith plans to assert that his investigation has generated "proof beyond a reasonable doubt" that Trump was involved in a criminal conspiracy aimed at overturning the results of the 2020 presidential election, which culminated in the violent events at the U.S. Capitol on January 6, 2021.
Trump has consistently denied any wrongdoing, labeling the investigations against him as politically charged "witch hunts."
Since reclaiming his political platform, Trump has persistently called for legal action against Smith.
The Judiciary Committee, led by Rep. Jim Jordan, a prominent ally of Trump from Ohio, is currently scrutinizing Smith and his previous office regarding the indictments issued against Trump.
Smith has previously endured closed-door questioning from congressional members. Trump's supporters are expected to confront him publicly over the investigations related to Trump's handling of classified documents and his attempts to overturn the 2020 election results.
A U.S. District Judge appointed by Trump, Aileen Cannon, dismissed the classified documents case, ruling that Smith's appointment was unlawful. After Trump was re-elected in 2024, Smith dropped the case concerning the election, citing the Justice Department's policy that discourages the prosecution of sitting presidents.
On Thursday, GOP members are anticipated to spotlight what they claim is Smith's effort to infringe upon Trump's First Amendment rights.
During his prior closed-door testimony before the committee last December, Smith acknowledged that while Trump had the right to voice false claims about the 2020 election, he did not have the right to deceive the government by employing those falsehoods to maintain his position.
"As stated in the indictment, he was entitled to assert that he believed he won the election. He even had the liberty to falsely declare victory," Smith remarked during his deposition. "However, he was not permitted to breach federal law by utilizing knowingly false assertions about election fraud to undermine a lawful government function."
Smith's report revealed that Trump "motivated his supporters to engage in acts of violence" and expressed to Congress that he could substantiate Trump's involvement in a "criminal scheme" aimed at reverting the 2020 election results.
Karen Friedman Agnifilo, who collaborated with Smith as a prosecutor, mentioned that he is well-prepared for this critical moment. She noted, "You have the nation's top law enforcement official and the president effectively threatening to wield their power against you, despite your innocence. Yet, Smith remains remarkably composed, and I believe he will navigate this situation adeptly."
Michael Beys, a colleague of Smith from their time as federal prosecutors who has known him for 25 years, expressed confidence that Smith would conduct himself in line with his "high moral character" and deep respect for the law.
"He is someone who instinctively tells the truth," Beys commented. "It’s part of who he is, reinforced through his professional training."
During his testimony on Thursday, Smith aims to remind Americans to "never forget" that 140 law enforcement officers sustained injuries during the chaos of January 6, which followed Trump’s speech at the Ellipse adjacent to the White House.
"Instead of conceding his defeat in the 2020 presidential election, President Trump participated in a criminal conspiracy to challenge the election results and obstruct the rightful transition of power," Smith plans to articulate.
"President Trump endeavored to persuade state officials to disregard accurate vote counts, to fabricate fraudulent lists of electors in seven states he lost, to coerce his Vice President into acting against his oath and advancing Trump's personal agenda, and on January 6, 2021, to incite a mob to storm the U.S. Capitol to disrupt the congressional certification of the election results, using the ensuing violence to further delay the process," Smith intends to elaborate in his remarks.
