Jack Smith Drops Bombshell: Jan. 6 Capitol Riot ‘Would Not Have Happened Without Donald Trump’

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Former special counsel Jack Smith told lawmakers earlier this month that the January 6, 2021, attack on the U.S. Capitol “does not happen” without Donald Trump, calling the former president the “most culpable and most responsible person” in the effort to overturn the 2020 election.
The Republican-led House Judiciary Committee on Wednesday released a transcript and video of Smith’s closed-door deposition, shedding new light on the Justice Department’s now-abandoned investigations into Trump.
During the daylong interview, Smith forcefully defended his decision to indict Trump and rejected claims that the prosecutions were politically motivated.
“The evidence here made clear that President Trump was by a large measure the most culpable and most responsible person in this conspiracy,” Smith said. “These crimes were committed for his benefit. The attack that happened at the Capitol does not happen without him.”
Smith said Trump’s co-conspirators acted to advance Trump’s interests, adding that the case against him was not designed to block a 2024 presidential run.
“I entirely disagree with any characterization that our work was meant to hamper him in the presidential election,” Smith said.
The deposition, conducted privately on December 17 despite Smith requesting a public hearing, marks his only appearance before Congress since leaving his role as special counsel last January.
Trump had been indicted on charges related to conspiring to overturn the 2020 election and for mishandling classified documents at his Mar-a-Lago estate. Both cases were dropped after Trump won the 2024 election, with Smith citing long-standing Justice Department policy against prosecuting a sitting president.
Despite that outcome, Smith repeatedly said the evidence against Trump was strong enough to sustain a conviction.
A key part of the Jan. 6 case, Smith said, was that it relied heavily on testimony from Trump allies and Republicans who cooperated with investigators.
“We had Republicans who put their allegiance to the country before the party,” Smith said, including a former GOP congressman who described the fake elector scheme as illegal and an attempt to overthrow the government.
Smith said this testimony created some of the “most powerful” evidence in the case.
Addressing Trump’s role in the Capitol riot, Smith said the evidence showed Trump “caused it,” “exploited it,” and that the violence was foreseeable.
Trump may not have explicitly ordered supporters to riot, Smith said, but he repeatedly spread false claims of election fraud, encouraged anger among supporters, invited them to Washington, and directed them to the Capitol.
Once the violence began, Smith said, Trump refused to act.
“He instead issued a tweet that without question in my mind endangered the life of his own vice president,” Smith said, adding that Trump had to be repeatedly urged by staff to take steps to stop the attack.
Smith also defended his team’s decision to obtain phone records of Republican lawmakers who communicated with Trump on January 6, calling the move lawful and routine.
“If Donald Trump had chosen to call Democratic senators, we would have gotten toll records for Democratic senators,” Smith said, arguing accountability rested with Trump.
Smith cited testimony from former White House chief of staff Mark Meadows, who said Rep. Jim Jordan was in contact with the White House during the riot and appeared unusually fearful as events unfolded.
Smith also addressed former aide Cassidy Hutchinson’s claim that Trump attempted to grab the steering wheel of the presidential SUV to force his way to the Capitol. Smith said investigators interviewed the officer involved, who confirmed Trump was angry and wanted to go to the Capitol, but did not corroborate Hutchinson’s secondhand account.
The released deposition provides the clearest public explanation yet of why federal prosecutors believed Trump bore primary responsibility for the events of January 6—even though the case will now never be tried in court.
