‘Trump Orchestrated Capitol Riot,’ Jack Smith Tells Congress/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ Former special counsel Jack Smith told Congress that the January 6 Capitol riot would not have occurred without Donald Trump. In newly released testimony, Smith described Trump as the most responsible figure in the effort to overturn the 2020 election. Smith also defended his investigation as legally justified and free from political bias.
Trump Capitol Riot Responsibility Quick Looks
- Jack Smith testified Trump was the driving force behind Jan. 6
- Says the Capitol riot “does not happen” without Trump
- Trump indicted for conspiring to overturn 2020 election results
- Smith denies political motives in prosecuting Trump
- Notes GOP electors, allies were key to building the case
- Says Trump knowingly spread false election fraud claims
- Describes Trump’s inaction during Capitol violence as deliberate
- Criticized Trump for endangering VP Pence with tweet
- Revealed contact between Trump, GOP lawmakers during riot
- Defended legal acquisition of phone records from Trump allies
- Addressed Cassidy Hutchinson’s steering wheel claim with caution
- Smith’s testimony released by House Judiciary Committee
Deep Look: ‘Trump Orchestrated Capitol Riot,’ Jack Smith Tells Congress
WASHINGTON, D.C. — Former special counsel Jack Smith told congressional investigators that the January 6, 2021, attack on the U.S. Capitol “does not happen” without President Donald Trump, directly blaming him as the “most responsible person” behind the violent effort to block the certification of the 2020 election.
In testimony delivered behind closed doors on December 17, and released publicly Wednesday by the House Judiciary Committee, Smith outlined the rationale behind his two criminal investigations into Trump. The interview transcript and video footage, made available by the Republican-led committee, mark Smith’s first public explanation of his decision-making since concluding his role as special counsel in early 2025.
“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 during the daylong interview. “These crimes were committed for his benefit. The attack that happened at the Capitol, part of this case, does not happen without him.”
Smith forcefully rejected Republican claims that his investigations were politically motivated or aimed at influencing the 2024 presidential election. “I entirely disagree with any characterization that our work was in any way meant to hamper him in the presidential election,” he added.
Smith’s Investigations into Trump
Smith led two landmark federal investigations into Donald Trump: one focused on the former president’s efforts to reverse the outcome of the 2020 election, and the second concerning his alleged unlawful retention of classified documents at Mar-a-Lago. Trump was indicted in both cases but those prosecutions were halted after his re-election in 2024, in accordance with Justice Department policy that forbids indicting a sitting president.
Still, Smith emphasized during his testimony that the evidence in both cases was strong enough to justify criminal charges and pursue convictions. In the Jan. 6 case, he said the most compelling testimony came from Republicans — including Trump’s allies and 2020 electors — who broke with the former president to uphold the integrity of the democratic process.
“We had an elector in Pennsylvania, a former congressman, who said that what they were trying to do was an attempt to overthrow the government — and illegal,” Smith recounted. “Our case was built on, frankly, Republicans who put their allegiance to the country before the party.”
He described their testimony as some of the “most powerful” evidence against Trump because they had nothing to gain politically by turning on the former president.
Trump’s Role in the Riot and False Claims
Smith argued that Trump’s behavior leading up to, during, and after the Capitol riot showed clear intent and knowledge of the consequences of his actions.
He said Trump knowingly spread false claims about voter fraud to state legislatures and to his supporters, “getting people to believe fraud claims that weren’t true.” Smith described how Trump invited supporters to Washington on January 6 and then “directed them to the Capitol.”
When violence erupted at the Capitol, Trump “refused to stop it,” Smith said. Instead, he tweeted in a way that “endangered the life of his own vice president,” referring to Trump’s tweet attacking Vice President Mike Pence as rioters stormed the building.
“He had to be pushed repeatedly by his staff members to do anything to quell it,” Smith told lawmakers.
Republican Criticism and Phone Record Disputes
Much of the deposition also addressed Republican concerns over Smith’s investigative tactics — specifically the decision to obtain phone metadata from GOP lawmakers who had communications with Trump during the Capitol assault.
Smith defended those moves as legally sound and relevant to the case. He explained that the investigation uncovered direct communications between Trump and Republican lawmakers, some of whom were contacted by Trump’s allies at his direction.
“Well, I think who should be accountable for this is Donald Trump,” Smith said. “These records are people — in the case of the senators — Donald Trump directed his co-conspirators to call these people to further delay the proceedings. He chose to do that.”
“If Donald Trump had chosen to call a number of Democratic senators, we would have gotten toll records for Democratic senators,” he added.
Trump’s Inner Circle During the Riot
Smith recounted testimony from former White House Chief of Staff Mark Meadows that further reinforced the seriousness of the attack and the panic it caused inside the Trump administration.
He cited Meadows’ remarks about Rep. Jim Jordan (R-Ohio), who reportedly had been communicating with the White House during the riot. According to Meadows, even Jordan — typically unshaken — appeared scared.
“I’ve never seen Jim Jordan scared of anything,” Meadows reportedly said, underscoring the gravity of the unfolding crisis.
On Cassidy Hutchinson’s Testimony
Smith also addressed the controversial claim by former White House aide Cassidy Hutchinson, who alleged that Trump tried to grab the steering wheel of his vehicle on January 6 when the Secret Service refused to take him to the Capitol after his speech.
Smith said his team interviewed the officer who was in the car with Trump. The officer confirmed Trump was “very angry” and wanted to go to the Capitol, but “the officer’s version of events was not the same as what Cassidy Hutchinson said she heard from somebody secondhand.”
Conclusion: A Stark Assessment of Responsibility
Jack Smith’s testimony offered a blunt and detailed narrative about Trump’s central role in the January 6 insurrection and the larger plot to subvert democracy. While the criminal cases have been dropped due to DOJ policy regarding sitting presidents, Smith’s words echo as a formal conclusion of one of the most serious legal inquiries ever conducted into a U.S. president.
“This was a conspiracy against the United States — and Donald Trump was at the heart of it,” Smith made clear.
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