Jack Smith Says That If He Had to Do It All Over, He Would Prosecute Trump Again

Sep 29, 2026 10:24 AM
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Jack Smith Says That If He Had to Do It All Over, He Would Prosecute Trump Again
AP Photo/Mark Schiefelbein

Jack Smith appeared on Capitol Hill on Tuesday and the breathtaking scope of his lawless Arctic Frost investigation was matched only by the hubris of this former "Special Counsel."

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Instead of showing humility for leading two baseless witch hunts against the former President of the United States for the clear purpose of interfering in the 2024 election, thereby weaponizing the Justice Department to subvert the will of the people, Smith went off on a tirade about he would prosecute the president again, even knowing his legal cases wound up as dead ends.

Jack Smith laughably argued that politics should not play any role in prosecutions. Then he said he would prosecute Trump again if he could.

Throughout my public service, my approach has always been the same: Follow the facts and the law without fear or favor. Experienced prosecutors know that specific case outcomes are beyond our control. Our responsibility is to do the right thing, the right way, for the right reasons. These principles have guided me through my career, including as special counsel. I’m proud of the work my team did, and I appreciate the opportunity to appear here today to correct false and misleading narratives about our work.

During my tenure as special counsel, we followed Justice Department policies. We observed legal requirements and took actions based on the facts and the law. I made my decisions without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 election. President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold.

Grand juries in two separate districts reached this conclusion based on his actions, as alleged in the indictments they returned. Rather than accept his defeat in the 2020 election, President Trump engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power. After leaving office in January of ’21, President Trump illegally kept classified documents at his Mar-a-Lago social club and repeatedly tried to obstruct justice to conceal his continued retention of those documents. Highly sensitive national security information was held in a ballroom and a bathroom.

As I testify before the committee today, I want to be clear. I stand by my decisions as special counsel, including the decision to bring charges against President Trump. Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity. If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Democrat or a Republican. No one should be above the law in this country and the law required that he be held to account, so that is what I did. To have done otherwise on the facts of these cases would have been to shirk my duties as a prosecutor and as a public servant, of which I had no intention of doing.

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"Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity."

This is a reckless, shameless, and partisan lie. Let's be perfectly clear here: President Donald Trump lawfully executed his constitutional right to legally object to the 2020 election results and to voice his opinions about how that election was run. Full stop.

Trump did not incite or even encourage an "insurrection," where rioters overtook the Capitol and did not pose any threat whatsoever to the "peaceful transfer of power." Indeed, none of the rioters even used firearms, and they provably killed no one in that incident.

Indeed, Trump called for peace explicitly and multiple times in order to support the constitutionally protected election objections, and then was mass deplatformed in a brazen coordinated effort to silence the president.

Jack Smith nonetheless charged Trump with four felonies: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

This fabricated case ended without going to trial. The Jan. 6 case was merely a continuation of the failed impeachment hoax, as well as the sham partisan J6 committee's conclusion that the former president should be prosecuted over the riot.

Judge Aileen Cannon dismissed the trumped-up classified documents case, on the grounds that Smith was improperly appointed as Special Counsel.

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Ultimately, Jack Smith was the lead figure in a Democrat-hatched plot to interfere in the 2024 presidential election. Fortunately for America, it failed.

As previously reported at RedState, Jack Smith's operation engaged in egregious violations of investigative practices, and apparently, the Constitution, with its jaw-dropping spy dragnet.

The biggest revelation may be just how far investigators reached beyond Trump himself.

Grassley said investigators subpoenaed 87 phones belonging to Trump White House officials and obtained records containing communications with journalists at major news organizations, including CBS News, CNN, Fox News, the Associated Press, Bloomberg, The Wall Street Journal, The Washington Post, The Washington Times and The Federalist. CBS News reported the disclosure live from Tuesday's hearing.

That comes on top of the previously disclosed collection of phone records belonging to Republican members of Congress.

The American people shouldn't be surprised that a partisan operative with no respect for our elections didn't have any respect for our freedom of the press, either.

Why Jack Smith isn't being prosecuted himself may be the biggest mystery in the aftermath of the 2024 election.

Editor's Note: Unelected federal judges are obstructing President Trump's agenda and ignoring the will of the people.

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