The Transcript of Former Jan. 6th Prosecutor Jack Smith’s Deposition to the House Judiciary Committee is Released.  It’s an Interesting Read.

Brian Beihl

The American Democracy Minute Radio News Report & Podcast for Jan. 7th, 2026

The U.S. House Judiciary Committee released the transcript of former Special Prosecutor Jack Smith’s December 17th deposition defending his January 6th insurrection and Mar-a-Lago classified documents cases. The 255-page transcript released New Year’s eve shows Smith was convinced that President Donald Trump was responsible for the insurrection. 

During the bipartisan questioning, Smith was asked whether Donald Trump’s post-election claims that the election outcome was fraudulent were protected free speech.   

Smith replied: 

“There is no historical analog for what President Trump did in this case. As we said in the indictment, he was free to say that he thought he won the election. He was even free to say falsely that he won the election.  But what he was not free to do was violate Federal law and use knowing — knowingly false statements about election fraud to target a lawful government function. That he was not allowed to do. And that differentiates this case from any past history.” 

Smith later said, “… the evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy.  These crimes were committed for his benefit. The attack that happened at the Capitol, part of this case, does not happen without him.” 

We’ve linked to the full transcript and timelines of Jan. 6th and classified documents cases at AmericanDemocracyMinute.org. I’m Brian Beihl. 

Special Prosecutor Jack Smith’s Testimony to the U.S.House Judiciary Committee, Dec. 17, 2025Download

Today’s Links

Articles & Resources:

American Democracy Minute – Assault on America’s Democratic Process:  The January 6th, 2021 Insurrection by the Numbers
U.S. House Judiciary Committee via PBS – Transcript of Testimony by Former Special Prosecutor Jack Smith
Report of Special Prosecutor – Final Report of the Special Counsel Under 28 C.F.R. § 600.8 

Congressional Research Service – The Mar-a-Lago Search Warrant: A Legal Introduction
NPR – NPR’s Visual Archive of the Jan. 6 Capitol riot
American Oversight – A Timeline of the Government’s Response on Jan. 6, 2021
ABC News – Timeline: Special counsel’s probe into Trump’s efforts to overturn 2020 election
Associated Press – A timeline of events leading to Donald Trump’s indictment in the classified documents case

Groups Taking Action:

Citizens for Responsibility and Ethics in Washington, C.R.E.W., Protect Democracy

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State

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