As 2025 got underway, then-special counsel Jack Smith grudgingly stepped down after the 2024 election results derailed his criminal cases against Donald Trump. As 2025 nears its end, however, the prosecutor remains a popular target for Republicans’ ire.
The president continues to peddle baseless attacks against the former special counsel; the Trump administration continues to push out officials who worked with Smith; and assorted Republican voices continue to go after him with unhinged and easily discredited conspiracy theories.
On Capitol Hill, GOP lawmakers remain eager to treat Smith like a punching bag. Rep. Michael Rulli of Ohio recently accused the prosecutor of acts that he said bordered on “treason”; Sen. Marsha Blackburn referred Smith to the Justice Department for a misconduct investigation, based on misguided allegations the Tennessee Republican did not appear to understand; and several GOP members have even pushed for Smith’s disbarment.
To date, no Republican official has produced any evidence of Smith having done anything wrong. But the party’s hysterics continue unabated.
More recently, House Judiciary Committee Chairman Jim Jordan sent a letter to Smith to demand his closed-door testimony. This week, the Ohio Republican took the next step. NBC News reported:
House Judiciary Chair Jim Jordan, R-Ohio, subpoenaed former special counsel Jack Smith for a Dec. 17 deposition today, prompting Smith’s lawyer to say they’re ‘disappointed’ Republicans rejected the Trump prosecutor’s offer to provide public testimony.
In October, Smith notified the House Judiciary Committee that he’d welcome the opportunity to answer lawmakers’ questions — but he wanted a public hearing so that everyone could see and hear the questions and answers.
Jordan refused, preferring secrecy to sunlight.
Peter Koski, who represents the former special counsel, said in a statement, “Nearly six weeks ago Jack offered to voluntarily appear before the House Judiciary committee in an open hearing to answer any questions lawmakers have about his investigation into President Trump’s alleged efforts to unlawfully overturn the election results and retention of classified documents.”
“We are disappointed that offer was rejected, and that the American people will be denied the opportunity to hear directly from Jack on these topics,” the statement continued. “Jack looks forward to meeting with the committee later this month to discuss his work and clarify the various misconceptions about his investigation.”
Smith clearly wanted more transparency, but he wasn’t in a position to dictate the terms.
The New York Times reported that House Republicans “have been reluctant to give [Smith] a prime public platform out of concern that he could embarrass Trump by making a compelling case for the indictments over the president’s attempt to overturn the 2020 election and his retention of classified documents.” Those concerns give away the game. As we’ve discussed, Smith is an experienced, credible and capable prosecutor who’s familiar with Trump’s criminal cases at a granular level. The more Republicans drag him back into the spotlight, the more Smith is positioned to remind the public not only of the variety of alleged presidential felonies, but also of evidence the party would prefer to forget. For his part, Trump told reporters on Wednesday afternoon, in reference to the former special counsel, “I’d rather see him testify publicly.” Jordan will likely ignore the White House’s preference, even as the president probably ought to be careful what he wishes for. This post updates our related earlier coverage.
Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."
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