At a Glance
- Smith defends Trump indictments, citing evidence that Trump was the main conspirator.
- He says investigations were not politically motivated and were aimed at justice.
- The deposition transcript is his first public appearance since leaving the special counsel role.
- Why it matters: It clarifies DOJ reasoning behind high-profile cases and shows Trump’s alleged role in the Capitol riot.
In a recently released deposition, former special counsel Jack Smith explained why he pursued indictments against former President Donald Trump, emphasizing the evidence that Trump was the driving force behind the Jan. 6 riot and that the investigations were not aimed at blocking a 2024 campaign.
DOJ Rationale
Smith says the evidence shows Trump was the most culpable and most responsible person in the conspiracy. He rejects claims the probes were political and notes he avoided indicting a sitting president.
- The case was built on testimony from Trump allies.
- Phone records of GOP lawmakers were used.
- Officer interviews were compared with Cassidy Hutchinson’s claim.
Evidence Base
Smith highlighted several sources that strengthen the case:

- A former congressman elector in Pennsylvania testified about an attempt to overthrow the government.
- Mark Meadows confirmed Rep. Jim Jordan’s contact with the White House on the afternoon of the riot.
- The DOJ obtained toll-record phone data of Republican senators.
| Evidence Type | Example | Significance |
|---|---|---|
| Testimony | Former elector, Mark Meadows | Shows intent |
| Phone records | GOP senators | Shows coordination |
| Officer interview | Secret Service officer | Contrasts Hutchinson’s claim |
Jan. 6 Findings
Jack Smith stated:
> “The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy. These crimes were committed for his benefit. The attack that happened at the Capitol, part of this case, does not happen without him. The other co-conspirators were doing this for his benefit.”
He added:
> “I entirely disagree with any characterization that our work was in any way meant to hamper him in the presidential election.”
Smith also said Trump caused and exploited the riot, made false statements, and did not stop the violence, issuing a tweet that endangered Vice President Harris.
Key Takeaways
- Smith defends the indictments as based on solid evidence.
- Trump is portrayed as the primary driver of the Jan. 6 attack.
- The DOJ’s investigations are framed as non-political and aimed at justice.
The deposition clarifies the DOJ’s reasoning and highlights the alleged role of former President Donald Trump in the Capitol riot.

