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"There is no historical analog for what President Trump did in this case," Smith told members of the House Judiciary Committee.
Republicans on the House Judiciary Committee on Wednesday released both the transcript and video of former special counsel Jack Smith's December 17 testimony about his criminal cases against President Donald Trump that were shut down last year after Trump won the 2024 presidential election.
The release, which occurred as millions of Americans were preparing to celebrate New Year's Eve, revealed fresh insights into Smith's investigation and prosecution of the president, who had been indicted on charges related to the unlawful retention of top-secret government documents and his bid to illegally remain in power after losing the 2020 presidential election.
Among other things, Smith testified that he believed that Trump's false claims about fraud in the 2020 election were not protected by the First Amendment of the US Constitution because they were aimed at disrupting the certification of the election results on January 6, 2021, when Trump supporters violently stormed the US Capitol building and send lawmakers fleeing for their lives.
"There is no historical analog for what President Trump did in this case," Smith emphasized. "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. But what he was not free to do was violate federal law and use... knowingly false statements about election fraud to target a lawful government function."
Smith also testified that he and his team sought gag orders against Trump because the then-former president "was making statements that were endangering witnesses, intimidating witnesses, endangering members of my staff, endangering court staff."
Smith also said that he would "make no apologies" for requesting a gag order against Trump.
When asked about his decision to subpoena phone records of US senators during his investigation, Smith laid out why Trump had left him with no other option.
"I think who should be accountable for this is Donald Trump," he 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. So responsibility for why these records, why we collected them... that lies with Donald Trump."
Commenting on the timing of the release, New York University law professor Ryan Goodman called it "an obvious attempt" by House Republicans to "bury" the information that Smith delivered during his testimony.
The House Judiciary Committee under Jordan has not merely diverged from bipartisan concerns over corporate power, it has helped neutralize any meaningful legislative solutions by redefining the very nature of the threat.
A silver lining of the current government shutdown is that Rep. Jim Jordan can no longer use his position as chair of the House Judiciary Committee to waste taxpayer dollars lobbying for the most powerful technology corporations.
The most recent example of this waste was a nearly five-hour hearing in which Rep. Jordan (R-Ohio) gave the United Kingdom’s Nigel Farage a platform on Capitol Hill to attack Britain’s efforts to protect children online and the European Union's efforts to address the dominance of Alphabet, Amazon, Apple, Booking, ByteDance, Meta, and Microsoft in European digital markets. Also discussed were European efforts to set ground rules for digital information ecosystems. The hearing produced fireworks and sound bites about “authoritarian” speech policing. It was a performative act dressed up as oversight.
Are these laws perfect? No. Do they apply in the United States? No. Should we be spending taxpayer dollars to lobby for trillion-dollar companies abroad? No. Yet, Jim Jordan has been traveling the world on our dime to lobby for Big Tech in the name of protecting “free speech.”
This shift from antitrust to anti-woke is a gift to Big Tech.
House Republicans keep promising a crusade against Big Tech’s power. If they were serious, they would likely find support from their Democratic colleagues.
The industry's greatest vulnerability lies in the economic arguments against the harms of market concentration—arguments supported by a growing body of evidence and bipartisan concern. The industry’s greatest strength, however, lies in its ability to reframe any regulatory effort as a politically charged battle over the First Amendment.
The House Judiciary Committee under Jim Jordan has not merely diverged from bipartisan concerns over corporate power and its harms to children. It has become the perfect rhetorical counteroffensive by helping neutralize any meaningful legislative solutions by redefining the very nature of the threat. Where most see a market failure requiring economic intervention, the House Judiciary Committee under Chairman Jim Jordan alleges political persecution requiring investigations into government "weaponization." This redefinition is the single most valuable outcome a regulated industry could hope for from its oversight body, transforming a legislative threat into a political shield.
Where is the House Judiciary Committee that conducted a landmark 16-month investigation into the market power of Apple, Amazon, Facebook (now Meta), and Google?
That bipartisan investigation—spanning seven hearings and nearly a million documents—produced broad consensus on the problems affecting these markets, and the need for more resources for antitrust enforcement.
That is the hard work of governing. What Jim Jordan has delivered instead is theater.
The result is that the real work of promoting open markets where everyone has a fair shot remains unfinished. Congress could pass legislation to address the monopoly power that allows Apple and Google to control our smartphones, Amazon to exploit small businesses and consumers, and Meta to operate with little regard for the welfare of our children.
None of this requires viral hearings. House Republicans keep promising a crusade against Big Tech’s power. If they were serious, they would likely find support from their Democratic colleagues. Few issues have managed to forge the kind of bipartisan consensus seen in the effort to rein in the monopolistic power of the largest corporations.
Unfortunately, that seems unlikely under the leadership of Jim Jordan.
"International law is completely unambiguous on this question," said one critic. "What settlers call 'Judea and Samaria' is the legal property of the Palestinians—Israel has zero legal claim to the land."
House Speaker Mike Johnson on Monday led a high-level Republican delegation on a visit to the occupied West Bank, where the second-in-line to the U.S. presidency told a rapt audience in an illegal Jewish settler colony that they are the rightful owners of the Palestinian territory.
"The mountains of Judea and Samaria are the rightful property of the Jewish people," Johnson (R-La.) said in Ariel, using the biblical name for the West Bank, which includes East Jerusalem. Ariel was built on land stolen from the Palestinian towns of Salfit, Marda, and Iskaka after Israeli forces conquered the West Bank in a 1967 war waged on false pretense of an imminent threat of Egyptian and Syrian attack.
"Judea and Samaria are the front line of the state of Israel and must remain an integral part of it," Johnson added.
The Palestinian Foreign Ministry condemned Johnson's visit, calling his endorsement of Israeli annexation a "blatant violation of international law."
"All settlement activity is illegal and void," the ministry stressed, adding that Johnson's stance "undermines Arab and American efforts to stop the war and cycle of violence, while flagrantly contradicting the declared U.S. position on settlements and settler violence."
According to the United Nations Office for the Coordination of Humanitarian Affairs, at least 1,013 Palestinians, including 214 children, have been killed by Israeli soldiers and settlers in the occupied West Bank since October 2023. Settlers, often protected and sometimes joined by Israeli troops, have launched numerous deadly pogroms and other attacks on Palestinians in the West Bank in what critics say is a bid to finish what Israel started in 1948—the total conquest of Palestine, the ethnic cleansing of its Arab population, and Israeli annexation.
Johnson, who is reportedly the highest-ranking American official to visit an Israeli settlement, was accompanied by U.S. Ambassador to Israel Mike Huckabee—who while running for president in 2008 denied the very existence of the Palestinian people—as well as Reps. Michael McCaul (R-Texas), Nathaniel Moran (R-Texas), Michael Cloud (R-Texas), and Claudia Tenney (R-N.Y.).
Tenney leads the congressional Friends of Judea and Samaria Caucus, which supports Israeli annexation of what it calls the "biblical heartland of Israel."
Last month, all 15 Israeli government ministers from Benjamin Netanyahu's Likud party urged the prime minister to annex the West Bank. On July 23, members of the Knesset, Israel's Parliament, voted 71-13 in favor of a symbolic measure declaring "Judea and Samaria" to be "an inseparable part of the Land of Israel, the historical, cultural, and spiritual homeland of the Jewish people" and asserting that "Israel has the natural, historical, and legal right to all of the territories of the Land of Israel."
Netanyahu has repeatedly displayed maps showing the Middle East without Palestine, all of whose territory is shown as part of Israel. Following U.S President Donald Trump's reelection last November, Israeli Finance Minister Bezalel Smotrich, a member of the far-right Religious Zionist party, said that "the year 2025 will be, with God's help, the year of sovereignty in Judea and Samaria."
The Israeli government has repeatedly approved construction and expansion of settlements in a bid to establish irreversible "facts on the ground" that will survive developments in international law and moves by an increasing number of nations to formally recognize Palestinian statehood.
Around 150 U.N. member states currently recognize or plan to recognize Palestine. Recently, France became the first Group of Seven member to announce it will officially recognize Palestine. Last week, Canada said it would also do so, with conditions attached, and the United Kingdom threatened recognition of Palestine if Israel does not take "substantive steps" to end its annihilation of Gaza, where Israeli forces have killed or wounded more than 200,000 people since October 2023.
Last year, the International Court of Justice—which is also weighing a Gaza genocide case against Israel—found that the occupation is an illegal form of apartheid that must end as soon as possible. Both Article 49 of the Fourth Geneva Convention and Article 8(2) the International Criminal Court Rome Statute prohibit settlement activity.
Construction of Ariel began in 1978, the same year the U.S. State Department first adopted the official position that Israeli settlements are "inconsistent with international law." That position stood until then-Secretary of State Mike Pompeo reversed it during the first Trump administration. Biden-era Secretary of State Antony Blinken restored the long-standing State Department position in 2024.
U.S. Secretary of State Marco Rubio has signaled support for reverting to the first Trump administration's position, and the State Department has lifted sanctions imposed on some extremist settlers during the Biden administration. Last week, one of those settlers, Yinon Levy, allegedly murdered Palestinian peace activist Awda Hathaleen in Umm al-Kheir after the latter was denied entry into the United States to take part in an interfaith speaking tour.
Approximately 750,000 Israelis currently reside in more than 250 illegal settler colonies in the West Bank. While Israel grants every Jew in the world the right to settle in Israel, it has refused to allow the approximately five million Palestinian refugees—people ethnically cleansed from Palestine during the foundation of Israel in 1948 and their descendants—to exercise their legal right of return to their homeland.
The Republicans' visit to the West Bank followed last week's tour by Huckabee and Mideast envoy Steve Witkoff of a Gaza aid distribution center run by a U.S.-backed group condemned for its role in Israeli forces' massacres of desperate people seeking food and other lifesaving aid—a visit denounced by one critic as a "blatant theatrical display."