POLITICS / LEGAL COMMENTARY
Former Justice Department special counsel Jack Smith is set to appear for a private, closed-door interview with House Republicans this week, marking a major escalation in congressional scrutiny of how the Biden Justice Department handled its criminal investigations into President Donald Trump.
Smith’s deposition is scheduled for Wednesday and will take place behind closed doors after Republican lawmakers rejected his earlier request to testify publicly. The interview is part of a broader investigation led by the Republican-controlled House Judiciary Committee, which is examining allegations of politicization, misconduct, and selective prosecution within the Department of Justice during the Biden administration.
Why Republicans Want Smith Behind Closed Doors
House Republicans argue that a private deposition — rather than a public hearing — is the most effective way to obtain direct, unfiltered testimony from Smith without political theater or rehearsed talking points.
Committee members believe a closed setting will allow them to:
- Ask more detailed follow-up questions
- Prevent scripted statements
- Pin down inconsistencies between Smith’s testimony and internal DOJ records
- Compare Smith’s answers with documents already obtained by the committee
Lawmakers also say that Smith’s desire for a public hearing raised red flags, suggesting he may have been seeking a political platform rather than genuine oversight.
Subpoena and Compliance
Smith was formally subpoenaed earlier this month, compelling him to produce documents and testify regarding his role as special counsel overseeing investigations into Trump’s handling of classified documents and alleged election-related offenses.
According to reports, Smith’s legal team has confirmed that he will comply with the subpoena, despite having previously offered to testify publicly more than a month ago. That offer was declined by the committee, which maintained that the interview would proceed under its own terms.
The Washington Times first reported the details of Smith’s scheduled deposition.
Focus of the Investigation
The House Judiciary Committee’s inquiry centers on whether Smith’s investigations were:
- Politically motivated
- Coordinated with the Biden White House
- Influenced by senior DOJ officials
- Conducted in a manner inconsistent with past precedent
Republicans have repeatedly argued that Trump was subjected to unprecedented legal treatment, including aggressive charging decisions and investigative tactics rarely — if ever — applied to other former presidents.
Committee members are particularly interested in:
- Internal communications between Smith’s team and DOJ leadership
- Decisions surrounding timing of indictments
- Coordination with other agencies, including the FBI
- The handling of evidence obtained during high-profile operations
Political Context
Smith’s appearance comes at a time when the Trump administration is actively reviewing actions taken by the DOJ during the Biden years, with Attorney General Pam Bondi and FBI Director Kash Patel overseeing internal reforms and document disclosures.
Several previous investigations launched under Biden — including those led by Smith — have either been dismissed, narrowed, or come under intense legal scrutiny since Trump returned to office.
Republicans argue this alone justifies aggressive oversight.
“This is about restoring trust in the justice system,” one committee aide said. “The American people deserve to know whether the law was enforced fairly — or weaponized.”
Why Smith’s Testimony Matters
As special counsel, Jack Smith was granted broad independence and authority, making him a central figure in the most consequential criminal investigations ever launched against a former U.S. president.
Even though those cases ultimately failed to produce convictions, Republicans argue the damage was already done — politically, legally, and institutionally.
Smith’s deposition could help lawmakers determine:
- Who authorized key investigative decisions
- Whether legal thresholds for prosecution were properly met
- Whether political considerations influenced prosecutorial judgment
Depending on what emerges, the testimony could lead to:
- Additional subpoenas
- Public hearings
- Legislative reforms
- Or referrals for further investigation
What Happens Next
Following the closed-door interview, committee members are expected to review transcripts and documents before deciding whether portions of Smith’s testimony should be released publicly.
Republicans have not ruled out calling Smith back for a public hearing at a later date — but only after they believe they’ve obtained full, honest answers under oath.
For now, Wednesday’s deposition represents a pivotal moment in Congress’s effort to examine how the justice system was used — or misused — during one of the most politically charged periods in modern American history.