The Republican-led House Judiciary Committee subpoenaed former special counsel Jack Smith on Wednesday for a closed-door deposition, escalating the GOP’s investigation into the federal prosecutions Smith brought against President Donald Trump during the Biden administration.
House Judiciary Chairman Jim Jordan (R-OH) directed Smith to appear on Dec. 17, according to the subpoena letter sent to the Biden-era special counsel on Wednesday. Jordan wrote that Smith has “information that is vital” to the panel’s oversight of the Justice Department and its handling of Trump-related investigations. Smith must also turn over documents by Dec. 12.
The summons arrives as House and Senate Republicans intensify scrutiny of Smith’s election-interference investigation, which touched hundreds of GOP lawmakers, party organizations, Trump allies, and even news outlets. Smith has long defended his work, which resulted in two criminal cases — one over Trump’s post-2020 efforts to challenge election results and another regarding classified documents. Smith dropped both after Trump won in 2024, citing DOJ policy that discourages the prosecution of sitting presidents.
Jordan rejected Smith’s previous offer to testify publicly rather than behind closed doors because a deposition allows each side an hour of uninterrupted questioning, as opposed to five-minute rounds at a hearing.
The subpoena also demands all documents and communications from Smith’s tenure as special counsel.
In response to the subpoena, Smith’s attorney, Peter Koski, told Fox News he’s “disappointed” the offer to testify publicly was rejected, and that “the American people will be denied the opportunity to hear directly from Jack on these topics.” He said Smith would appear for the deposition and that the former special counsel “looks forward to meeting with the committee later this month” and clarifying “the various misconceptions about his investigation.”
Wednesday’s move builds on earlier friction over Smith’s aggressive investigative tactics. In October, Smith’s legal team told Senate Judiciary Chairman Chuck Grassley (R-IA) that media reports formed the basis of his controversial decision in 2023 to subpoena toll records for nine Republican lawmakers.
Critics say the Trump prosecutions were politically driven. One, the classified documents case, was dismissed by a federal judge before Trump won the election. Documents made public more recently have provided evidence of a dragnet operation known as “Arctic Frost” that resulted in more than 197 subpoenas targeting various conservative groups, individuals, and lawmakers who supported Trump following his 2020 election defeat to former President Joe Biden, deepening scrutiny of Smith’s investigations.
Former Attorney General Merrick Garland tapped Smith in November 2022 to head up investigations into Trump regarding his alleged mishandling of classified documents and an alleged effort to obstruct the 2020 election certification.
In October, Grassley produced a declassified memo revealing that Garland, along with former FBI Director Christopher Wray and then-Deputy Attorney General Lisa Monaco, signed off on a memorandum that approved the opening of the FBI’s Arctic Frost investigation in April 2022, revealing the scale of planning that went into the Biden administration’s efforts to target Trump and those close to him.
JACK SMITH ASKS FOR TESTIMONY BEFORE CONGRESS TO BE PUBLIC
The House committee has already contacted other prosecutors involved in Trump-era and post-presidency investigations, including Jay Bratt, Thomas Windom, and J.P. Cooney, though Jordan previously said that they were largely uncooperative.
Smith is now set to answer those questions under oath on Dec. 17. The Washington Examiner contacted Smith’s attorney for comment.
