Jack Smith testifies in closed-door hearing that it was his decision to charge Trump, according to testimony

Source: CNN Politics

Updated Dec 17, 2025, 11:04 AM ET
PUBLISHED Dec 17, 2025, 5:00 AM ET


Former special counsel Jack Smith on Wednesday defended his criminal investigation into President Donald Trump in a closed-door deposition before the House Judiciary Committee as he faces scrutiny from Republican lawmakers.

“The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions, as alleged in the indictments returned by grand juries in two different districts,” Smith said in portions of his opening statement obtained by CNN.

Smith was called to testify about Trump’s alleged mishandling and retention of classified documents and his role in attempting to overturn the 2020 election, according to sources familiar with the investigation. He also is seeking to clarify issues surrounding the use of phone records he subpoenaed of lawmakers Trump spoke with about the election scheme. “I didn’t choose those members; President Trump did,” Smith said, according to the statements obtained by CNN.

But there may be details Smith may not be willing or able to testify about on Wednesday, such as parts of the second volume of his report around Trump’s handling of classified documents in Mar-a-Lago, the source added.

Read more: https://www.cnn.com/2025/12/17/politics/jack-smith-house-judiciary-committee-testimony