House Republicans have upped their demands for Jack Smith to testify behind closed doors, issuing a subpoena on Wednesday to the former special counsel that calls on him to meet with members of the House Judiciary Committee and answer questions about his two federal prosecutions of President Donald Trump.
Rep. Jim Jordan (R-Ohio), who chairs the House Judiciary Committee, said in his letter to Smith — which he posted on social media — that Smith would be deposed on Dec. 17. Smith must hand over materials related to the investigations by Dec. 12, he said.
The demand is latest in a string from Republican lawmakers aimed at getting Smith to testify privately and hand over materials related to the probes. In October, Jordan wrote Smith requesting that he sit for a private interview with lawmakers about the investigations, though did not issue a subpoena.
“Due to your service as special counsel, the Committee believes that you possess information that is vital to its oversight of this matter,” the letter from Jordan reads.
Smith repeatedly has said he would sit for an interview with lawmakers in a public setting, but does not want to do it behind closed doors. His supporters have expressed concern that a private interview would be subject to selective leaks by committee members.
Public testimony, however, could put Republicans and the Trump administration in a tricky position. Smith has said he collected ample evidence showing that Trump committed the alleged crimes for which he was indicted. By calling Smith to testify, Republicans risk giving him a platform to air the evidence he collected against the president and failing to elicit testimony that would portray him as a corrupt prosecutor out to get Republicans.
The former special counsel has also said that, under long-standing protocol, he needs Justice Department guidance to tell him what he is allowed to testify about and what materials he is allowed to hand over. Smith, who is now a private citizen, says he does not have access to the investigatory materials, which are now in the Justice Department’s possession.
The Justice Department did not immediately respond to a request asking if they had provided Smith with that guidance.
“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,” Smith’s attorney, Peter Koski, said in a statement.
“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. Jack looks forward to meeting with the committee later this month to discuss his work and clarify the various misconceptions about his investigation.”
If Smith failed to comply with the subpoena, he could risk prosecution. If a person defies a congressional subpoena, lawmakers could refer that person to the Justice Department for prosecution.
The back-and-forth over the terms of Smith’s testimony highlights the Trump administration’s contentious relationship with Smith and the large team of agents and prosecutors involved in investigating the president. The administration has fired multiple prosecutors and agents who worked on the cases and has portrayed Smith and his team as corrupt and politicized. The committee has also called some of Smith’s deputies on the special counsel team for testimony.
Smith oversaw two federal investigations into Trump during the Biden administration. One examined Trump’s alleged mishandling of classified materials after he left office, and the other probed his alleged attempts to overturn the 2020 election results.
Neither case made it to trial, and both were dismissed before Trump took office in January. Smith has said that he did nothing wrong and that he followed all investigatory protocols when overseeing the cases.
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