Special Counsel Jack Smith is anticipated to defend his actions regarding the dual investigations into former President Donald Trump, based on a copy of his opening statements acquired by CBS News.
In his remarks, Smith is expected to affirm his commitment to his role as Special Counsel, asserting, “I stand by my decisions, including the choice to file charges against President Trump. My decisions were made independently of Trump’s political affiliations, actions, beliefs, or his candidacy for the 2024 presidential election.” He will likely emphasize that the investigation produced evidence that convincingly demonstrated Trump’s involvement in unlawful conduct. “If I were asked to prosecute a former president based on similar facts today, I would proceed regardless of whether that individual belonged to the Republican or Democratic party,” he is expected to state.
Additionally, Smith is poised to respond to Trump’s ongoing public declarations advocating for legal action against him. He plans to assert, “I refuse to be intimidated by the persistent threats of prosecution from the President or others,” and express his views on the current challenges facing the rule of law in the U.S., stating, “We are experiencing threats against individuals who are perceived as opposing the President. It appears that predetermined outcomes are increasingly favored over the Justice Department’s established core values and traditions.” He will likely reflect on the historical context, noting that the erosion of the rule of law is often gradual and results from attacks on institutions and the public servants dedicated to maintaining them.
Smith has previously engaged with lawmakers regarding the Trump cases, having testified for over eight hours in a closed session before the House Judiciary Committee last December. During that testimony, he was questioned about subpoenas issued for toll records linked to certain congressional members. Smith clarified that he did not pursue search warrants for the content of text messages from these lawmakers, focusing only on the toll records.
However, some Republicans have accused Smith of dishonesty during his testimony, citing information revealed by the Senate Judiciary Committee in July. Documents provided by the Justice Department indicated that Smith’s team had, in fact, sought and obtained text messages from the National Archives and Records Administration, which included communications from both Republican and Democratic members of Congress.
In January, Smith addressed his rationale for examining the phone records of Republicans during a public session, explaining, “The conspiracy we were investigating necessitated an understanding of the scope of the activities involved, including who was being coerced and influenced.” He characterized the acquisition of phone records, which contained only call data, as standard practice in complex investigations.
During that hearing, he also defended his approach to the investigations into Trump, stating he pursued unprecedented charges against the former president because the evidence indicated he had knowingly violated the law—laws he had sworn to uphold.
One matter that Smith is unlikely to discuss in his upcoming remarks is his final report regarding Trump’s alleged mishandling of sensitive governmental documents and the subsequent obstruction of the federal investigation. A federal judge previously issued a permanent injunction against the Justice Department from disclosing this part of the report, responding to a request from Trump and two of his former co-defendants to keep the second volume confidential. This ruling prohibited Attorney General Pam Bondi or any successor from releasing or discussing that segment of the report.
During last year’s closed-door testimony, Smith’s legal team indicated that he was restricted from talking about this part of the report or any drafts unless that information had been made public through other channels.
Trump has often targeted Smith, frequently launching insults at the former special counsel and asserting that he should be criminally prosecuted. The former president has labeled Smith as “deranged,” “a thug,” and “a sleazebag.” Following Smith’s testimony in January, Trump claimed Smith should face prosecution for his actions, alleging that he had committed significant perjury.
Under Trump’s administration, the Justice Department initiated investigations into various perceived political adversaries, including former FBI Director James Comey and New York Attorney General Letitia James. However, the criminal cases against both were dismissed last year. Comey was indicted again in April for posting a photograph on Instagram that displayed seashells arranged to form the numbers “86 47.” He has denied any wrongdoing and is seeking to have the indictment dismissed on multiple grounds.
Before Trump’s second term begins on January 20, 2026, and following some last-minute legal actions, a portion of Smith’s final report regarding his investigations is expected to be made public.
In the first volume of his report, which centered on the 2020 election case, Smith noted, “But for Mr. Trump’s election and imminent return to the presidency, the Office determined that the available evidence was adequate to secure a conviction at trial.”
Smith also refuted claims that his actions were influenced by the upper echelons of the Justice Department under President Joe Biden, labeling such assertions as “laughable.” He concluded that the overarching theme of Trump’s criminal activities was deceit, characterized by false claims regarding the election.
The former president continues to assert, without evidence, that the 2020 presidential election was marred by fraud.
