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Ex-Special Counsel Jack Smith: Not Holding Trump Accountable for Trying to Steal Election Could Be “Catastrophic”

HeadlineJan 23, 2026

Former special counsel Jack Smith testified before Congress Thursday and defended his decision to indict Donald Trump for seeking to overturn the 2020 election and removing classified documents from the White House.

Jack Smith: “I stand by my decisions as special counsel, including the decision to bring charges against President Trump. Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity. 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. No one — no one — should be above the law in this country, and the law required that he be held to account. So that is what I did.”

During the hearing, Congressmember Pramila Jayapal questioned Jack Smith about the importance of accountability.

Rep. Pramila Jayapal: “How would you describe the toll on our democracy if we do not hold a president accountable for attempting to steal an election?”

Jack Smith: “My belief is that if we do not hold the most powerful people in our society to the same standards of the rule of law, it can be catastrophic.”

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