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Former US prosecutor says Trump 'willfully' broke laws

Jenipher Camino Gonzalez with AFP, AP, Reuters
January 22, 2026

Ex-Special Counsel Jack Smith said there was "proof beyond a reasonable doubt" that Donald Trump "engaged in criminal activity" to overturn the 2020 election results. Trump has called the inquiry politically motivated.

Jack Smith appears in front of the House of Representatives
Jack Smith told the House of Representatives that Trump was 'looking for ways to stay in power' in 2020Image: Tom Williams/CQ-Roll Call/Sipa USA/picture alliance

Former US Special Counsel Jack Smith, who unsuccessfully prosecuted US President Donald Trump, spoke in front of the US Congress about his investigation, accusing Trump of having "willfully" broken the law.

Smith's testimony on Thursday focused primarily on the case where Trump was accused of using false voter fraud claims to obstruct the certification of election results following his ‍2020 defeat to Democrat Joe Biden.

What did former Special Counsel Jack Smith say about Trump investigation?

"Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity," Smith said.

The former special counsel said he stood by his investigation, which he had to drop once Trump won the 2024 election due to Justice Department guidelines, saying the evidence was there to prosecute Trump.

"President Trump was charged because the ‌evidence established that he willfully broke the very laws that he took an oath to uphold," Smith told ‌the House panel.

"If ⁠asked whether to prosecute a former president based on the same facts today, I would do so, regardless of whether that president was a Democrat or a Republican," he added.

Smith told Congress that "no one should be above the law in our country," and the law required Trump be held to account.

"So that is what I did," Smith said.

Trump has denied any wrongdoing, saying the investigations against him are politically motivated. He has called Smith "deranged" and has urged the Justice Department to bring cases against him. 

Trump ⁠on Thursday called ⁠for Smith to be "prosecuted for his actions," saying on social media — without providing evidence — that Smith has committed "large ⁠scale perjury."

After losing the 2020 election, Trump's fans, after attending a rally led by Trump himself, stormed the US Capitol buildingImage: John Minchillo/AP/picture alliance

Republicans aim to discredit Smith

Republican lawmakers have backed the president's claims and actively sought to discredit Smith's work.

Smith has been accused of being an overly aggressive prosecutor who did not have the "humility and restraint" of other past special counsels.

"It was always about politics," said Representative Jim Jordan of Ohio, the Republican chair of the Judiciary Committee. 

"To get Donald Trump, they were willing to do just about anything," he added.

Jordan said the investigation into election interference was driven by a wish to derail Trump's candidacy.

"We should never forget what took place, what they did to the guy we the people elected twice," Jordan said.

Smith told lawmakers that Republican witnesses, especially those who pushed back against Trump's election fraud claims, would have formed the core ‍of the case had it gone to trial. 

"Our investigation revealed that Donald Trump was not looking for honest answers about whether there was fraud in the election," Smith said. "He was looking for ways to stay in power."

Democrats: Smith 'followed the law'

Meanwhile, Democrats defended Smith, portraying him as an apolitical career prosecutor, echoing his claim that his investigation was only guided by evidence.

"Donald Trump says you're a criminal and you belong in prison," said Democratic Representative Jamie Raskin of Maryland, the ranking member of the House Judiciary Committe

"Not because you did anything wrong, mind you, but because you did everything right. You pursued the facts, you followed the law."

Edited by: Sean Sinico

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