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 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 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 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, 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 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.
