WASHINGTON — Former special counsel Jack Smith will warn Americans not to take the rule of law for granted in his first public testimony before Congress about the investigations into President Donald Trump, according to his prepared statement obtained by NBC News.
“I have seen how the rule of law can erode. My fear is that we have seen the rule of law function in this country for so long that many of us have come to take it for granted,” Smith plans to tell members of the House Judiciary Committee.
“But, the rule of law is not self-executing — it depends on our collective commitment to apply it. It requires dedicated service on behalf of others, especially when that service is difficult and comes with costs,” he plans to say. “Our willingness to pay those costs is what tests and defines our commitment to the rule of law and to this wonderful country.”
Smith plans to tell Congress that his investigation developed “proof beyond a reasonable doubt” that Trump “engaged in a criminal scheme” to overturn his 2020 election loss, leading to the Jan. 6, 2021, riot at the U.S. Capitol.
Trump has denied wrongdoing, calling the cases politically motivated “witch hunts.”
Since he returned to office, Trump has repeatedly called for Smith to be prosecuted.
The Judiciary Committee, led Rep. Jim Jordan, R-Ohio, a top Trump ally, is investigating Smith and his former office over the indictments.
Smith has already faced closed-door questioning from members of Congress. Trump’s allies are expected to publicly press him about the investigations: one in connection with Trump’s handling of classified documents and another in connection with Trump’s efforts to overturn the 2020 election.
U.S. District Judge Aileen Cannon, a Trump appointee, dismissed the classified documents case, ruling that Smith’s appointment had been illegal. Smith dropped the election case after Trump was re-elected in 2024, citing Justice Department policy against prosecuting sitting presidents.
Republicans are also expected Thursday to focus on what they have said was an effort by Smith to restrict Trump’s First Amendment right to free speech.
During the closed-door deposition before the committee in December, Smith said Trump had a right to spread falsehoods about the 2020 election but not to try to defraud the government by using those falsehoods to stay in office.
“As we said in the indictment, he was free to say that he thought he won the election. He was even free to say falsely that he won the election,” Smith said in the closed-door deposition. “But what he was not free to do was violate federal law and use knowing — knowingly false statements about election fraud to target a lawful government function.”
Smith’s report found that Trump “inspired his supporters to commit acts of physical violence” and told Congress that he could prove Trump engaged in a “criminal scheme” to overturn the 2020 election.
Karen Friedman Agnifilo, who worked alongside Smith as a prosecutor, said he was prepared for the high-pressure moment.
“You’ve got the highest law enforcement officer in the country and the president of the United States essentially saying they’re going to wield their power against you, even if you’ve done nothing wrong,” she said. “But he’s pretty unflappable, and I think he’ll be able to separate that out.”
Michael Beys, who worked with Smith as a federal prosecutor and has known him for 25 years, said he expected Smith would handle himself consistent with his “high moral character” and respect for the rule of law.
“He’s someone who only knows how to tell the truth,” Beys said. “He was probably born that way, but he was also trained that way.”
On Thursday, Smith plans to say Americans should “never forget” that 140 law enforcement officers were injured in the Jan. 6 riot, which followed Trump’s speech on the Ellipse near the White House.
“Rather than accept his defeat in the 2020 presidential election, President Trump engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power,” Smith plans to say, according to his remarks.
“President Trump attempted to induce state officials to ignore true vote counts; to manufacture fraudulent slates of presidential electors in seven states that he had lost; to force his own Vice President to act in contravention of his oath and to instead advance President Trump’s personal interests; and, on January 6, 2021, to direct an angry mob to the United States Capitol to obstruct the congressional certification of the presidential election and then exploit the rioters’ violence to further delay it,” Smith plans to say, according to his remarks.