Capitol riot 'does not happen' without TRUMP, JACK SMITH told Congress

Thursday, January 1, 2026 -Former special counsel Jack Smith told the House Judiciary Committee in a closed‑door deposition that the January 6, 2021 riot at the U.S. Capitol “does not happen” without President Donald Trump, branding Trump as the “most culpable and most responsible person” in the effort to overturn the 2020 election.

 

Smith’s testimony revealed his firm stance that the violent breach of the Capitol was directly tied to Trump’s actions and rhetoric leading up to that day.During the Dec. 17 deposition, Smith repeatedly defended the integrity of his investigations into Trump and rejected claims that they were politically motivated.

 

He emphasized that evidence backing the case drew on testimony from Republicans who put loyalty to the constitution above party interests, strengthening the argument that Trump’s conduct — including promoting false claims of election fraud and encouraging supporters to come to Washington — played a crucial role in inciting the attack. Smith said the evidence showed Trump “caused it and … exploited it” and that it was foreseeable.

Smith also explained aspects of the broader probes into Trump, noting that although Trump was indicted on related charges, those prosecutions were dropped after his 2024 electoral victory, per Justice Department policy prohibiting indicting a sitting president.

 

His remarks offer one of the most detailed public insights into the reasoning behind the Justice Department’s legal strategy and reinforce the view that Trump’s behavior before and during January 6 was central to the events that unfolded.