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Former Special Counsel Jack Smith delivered a major statement before the U.S. Senate Judiciary Committee on September 29, 2026, defending his investigation and prosecution of President Donald Trump. Smith addressed the classified documents case and the investigation into efforts to overturn the 2020 presidential election, arguing that his decisions were based on evidence and the law rather than political affiliation. He also discussed the January 6 Capitol attack, the Mar-a-Lago classified documents investigation, and what he described as growing challenges to the rule of law and pressure on Justice Department officials. Smith said he stands by his decisions as Special Counsel while noting that legal restrictions prevent him from discussing certain classified-case materials.

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00:00Chairman Grassley, Ranking Member Durbin, members of the committee, thank you for the
00:05opportunity to discuss my work as special counsel. I've been fortunate to serve a country that I love
00:11for nearly 30 years in local, national, and international settings. My service has spanned
00:19both Republican and Democratic administrations. I am not a politician and I have no partisan
00:26loyalty. My career has been dedicated to serving our country by upholding the rule of law and the
00:34core principles upon which our country was founded. I believe there is no role for politics in the
00:41proper administration of justice. A prosecutor's decisions must be based on the facts and the law.
00:47The status, power, prominence, or political affiliation of the subject of an investigation
00:55must play no role in the decision to investigate, prosecute, or decline to prosecute. I approached
01:04my role as special counsel following these principles. The special counsel's office followed
01:10Justice Department policy, observed legal requirements, and took actions based on the facts
01:17and the law. I stand by my decisions as special counsel, including my decision to bring charges
01:24against President Trump. I made those decisions without regard to President Trump's political
01:30association, activities, beliefs, or candidacy in the 2024 presidential election.
01:39Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes
01:46crimes against our nation. If asked whether to prosecute a former president today based on the same facts,
01:55I would do so regardless of whether that president was a Republican or a Democrat.
02:01The charges against President Trump were the result of the evidence. Grand juries in two separate districts
02:09reached this conclusion based on his actions, as alleged in the indictments they returned.
02:15Rather than accept his defeat in the 2020 presidential election, President Trump engaged in a criminal
02:22scheme to overturn the results and prevent the lawful transfer of power. After leaving office in
02:30January of 2021, President Trump illegally kept classified documents at his Mar-a-Lago social club and
02:38repeatedly tried to obstruct justice to conceal his continued retention of those documents.
02:45Highly sensitive national security information was held in a bathroom and a ballroom where events and
02:53gatherings took place. As with my appearance before the U.S. House of Representatives Committee on the
03:00Judiciary, I am prepared to answer your questions truthfully. I stand by my testimony before the House of
03:07Representatives, and I will not be silenced by continued threats of prosecution from the president or others.
03:17As I appear before you today, it is my belief that the rule of law faces challenges unlike any we
03:24have
03:24experienced in our lifetime. Individuals are threatened with criminal prosecution because they are perceived to
03:32to have opposed the president. Predetermined outcomes increasingly seem to take precedence over the
03:39Justice Department's long-standing core values and traditions. History teaches that the rule of law is
03:46rarely destroyed all at once. It's often weakened by attacks on the institutions and the public servants sworn to
03:54uphold it. Since January of 2025, we have witnessed precisely such an effort, including the vilification
04:02of the agents, prosecutors, and staff who worked on my team, simply because of their unwavering dedication to the rule
04:10of law.
04:12I myself have been threatened with jail by the president of the United States. However, I remain
04:19confident that the rule of law will endure because so many continue to uphold it faithfully each day.
04:28Throughout our legal system, public servants have remained faithful to their oaths despite extraordinary
04:35pressure to do otherwise. Their example demonstrates that while fear may be contagious,
04:43courage is as well. Thank you for the opportunity to testify today. I look forward to your questions.
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