Former special counsel Jack Smith appeared for eight hours of closed-door testimony before the House Judiciary Committee on Wednesday and did not invoke his Fifth Amendment rights at any point, the committee’s Republican chairman, Jim Jordan, said.
“He did not take the Fifth like some of his deputies did,” Jordan told Fox News on Thursday.
During his testimony, Smith defended the integrity of both investigations he led into former President Donald Trump, emphasizing that his decisions were based on evidence, not political affiliation. Smith and his attorneys have said he wanted the chance to correct any misrepresentations about his work.
Jordan noted that other individuals involved in Smith’s investigations have previously invoked the Fifth Amendment. “We’ve deposed three of his deputies so far,” he said. “One of them invoked the Fifth over 70 times, and we have referred that person to the Justice Department for potential obstruction.”
Some of Smith’s deputies, including Jay Bratt and Thomas Windom, have already testified behind closed doors. Windom has faced a criminal referral for refusing to answer certain questions.
It is not yet clear what the committee’s next steps will be regarding Smith, though Jordan indicated a public hearing could be possible. Smith had previously expressed a desire to testify publicly, but Wednesday’s session remained private.
Democrats on the committee, including ranking member Rep. Jamie Raskin, have repeatedly called for Smith to testify publicly. Raskin said Smith had answered all questions thoroughly and compared his testimony to that of previous special counsels like Robert Mueller.
Jordan, who subpoenaed Smith earlier this month citing what he called politically motivated prosecutions against Trump, told Fox News that his view that Smith’s investigations were partisan had not changed. “Nothing yesterday changed my overall belief that this was driven by politics,” he said, citing timing and certain legal motions as examples.
Smith led two federal investigations into Trump: one regarding alleged mishandling of classified documents at Mar-a-Lago, and another concerning alleged interference in the 2020 election.
