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"President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold."
Former special counsel Jack Smith on Thursday defended his decision to bring criminal charges against President Donald Trump, while also expressing deep concerns about the rule of law in the US during the second Trump administration.
During testimony before the US House Judiciary Committee, Smith emphasized that he decided to prosecute Trump solely because the facts in the case showed he had committed crimes.
"President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold," said Smith. "Grand juries in two separate districts reached this conclusion based on his actions as alleged in the indictments they returned."
Smith then said that after losing the US presidential election in 2020, Trump "engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power."
The former special counsel emphasized that he stood by his decisions to bring charges against Trump because "our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity."
Smith told lawmakers on the committee that he had uncovered evidence that Trump knew his claims about the 2020 election being stolen were false, but he pushed them anyway in order to illegally remain in the White House.
"Trump was not looking for honest answers about whether there was fraud in the election," said Smith. "He was looking for ways to stay in power. And when people told him things that conflicted with him staying in power, he rejected them."
In addition to discussing his criminal cases against the president, which were dismissed without prejudice after the 2024 presidential election, Smith also delivered a warning about Trump's campaign of retribution against his enemies.
"President Trump has sought to seek revenge against career prosecutors, FBI agents, and support staff simply for having done these cases," he said. "Vilifying and seeking retribution against these people is wrong. Those dedicated public servants are the base of us, and it has been a privilege to serve with them."
Smith then pivoted to warning about the state of the rule of law in general during Trump's second term.
"My fear is that we have seen the rule of law function in our country for so long that many of us have come to take it for granted," he said. "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. Our willingness to pay those costs is what tests and defines our commitment to the rule of law and to this wonderful country."
Smith's testimony earned praise from Rep. Jamie Raskin (D-Md.), the ranking member of the House Judiciary Committee.
"Special Counsel Smith, you pursued the facts," Raskin said. "You followed every applicable law... Your decisions were reviewed by the Public Integrity Section. You acted based solely on the facts."
The Maryland Democrat said that Smith's approach to enforcing the law was in stark contrast to the approach the US Department of Justice (DOJ) has taken during Trump's second term.
"The opposite of Donald Trump, who now has purported to take over the Department of Justice," Raskin said. "He’s in charge of the whole thing under his unitary executive theory, and he acts openly, purely based on political vendetta and motives of personal revenge. And he doesn’t deny it."
As Smith was testifying, Trump called Smith a "deranged animal" and put direct pressure the DOJ to punish the former special counsel.
"Hopefully the Attorney General is looking at what he’s done, including some of the crooked and corrupt witnesses that he was attempting to use in his case against me," Trump wrote on Truth Social. "The whole thing was a Democrat SCAM — A big price should be paid by them for what they have put our Country through!"
On Tuesday, Trump filed a motion asking the US District Court of the Southern District of Florida to prohibit the DOJ from carrying out a planned future release of Smith's report on his case against Trump that involved the unlawful retention of top-secret government documents at his Mar-a-Lago resort after he left the White House in 2021.
Lisa Gilbert, co-president of Public Citizen, linked the timing of Thursday's hearing with Smith to the potential release of his report on the classified documents case.
" Republicans are only now allowing this hearing simply because Judge Cannon’s injunction keeping the second volume of Jack Smith’s report private is about to expire," she said. "Keeping the truth locked away is an assault on the rule of law and on the transparency owed to the American people."
"The American people deserve to know how many of these violent insurrectionists have been given guns and badges by this administration."
Congressman Jamie Raskin got right to the point in a letter to Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem as he sought an answer to a question several Democratic lawmakers have raised in recent months regarding the Trump administration's recruiting practices as it seeks to flood American communities with immigration officers.
"How many pardoned January 6th insurrectionists have been hired by your respective departments?" Raskin (D-Md.), ranking member of the House Judiciary Committee, asked the two officials.
The congressman wrote to Bondi and Noem as video evidence continues to mount of federal agents' violent tactics in communities across the US following an Immigration and Customs Enforcement (ICE) agent's fatal shooting of Minneapolis resident Renee Good last week.
The Department of Homeland Security (DHS), said Raskin, "seems to be courting pardoned January 6th insurrectionists."
He pointed to "white nationalist 'dog whistles'" it's used in its recruitment campaigns that appear to target members of "extremist militias" like the Proud Boys, Oath Keepers, and Three Percenters.
Potential ICE recruits have been bombarded by messages from DHS calling on them to help "defend the homeland" and images like one of a white Uncle Sam caricature standing at a crossroads with signs pointing one way—labeled "INVASION" and "CULTURAL DECLINE"—and another, labeled "HOMELAND" and "LAW AND ORDER." The image and caption appeared to be a reference to the white nationalist text Which Way, Western Man? by William Gayley Simpson.
The groups and militias apparently being targeted by the recruitment push coordinated with one another on January 6, 2021 as their members and leaders were among those who stormed the US Capitol in an effort to stop former President Joe Biden's electoral victory from being certified.
One of President Donald Trump's first actions after taking office last year was pardoning more than 1,500 people convicted of participating in the attempted insurrection, and dozens of them have been rearrested, charged, or sentenced for other crimes including child sexual assault, possession of child pornography, and domestic violence.
Other Democratic lawmakers have previously raised alarm about the lax hiring requirements DHS has put in place as it seeks to grow its ranks of ICE agents, with Sen. Dick Durbin (D-Ill.) noting in an October letter to Noem that in its push to hire more so-called "patriots," ICE has "changed the age requirements for new recruits."
"DHS announced that applicants now can apply at the age of 18 and there is no age cap. ICE also removed its Spanish-language requirement—shortening the training program by five weeks—and is pursuing additional ways to expedite training," wrote Durbin. "The loosening of hiring standards and training requirements is unacceptable and will likely result in increased officer misconduct—similar to or worse than what occurred during a small surge in hiring US Customs and Border Protection officers in the early 2000s."
On Monday, Raskin pointed out that ICE agents have been permitted to go to great lengths to hide their identities with masks as they've tackled people to the ground, "detained and battered multiple pregnant women," threatened people and confiscated their cellphones for filming them—a protected activity under the First Amendment—and rammed open the door of a home in Minneapolis as they apparently began "door-to-door" operations.
"Unique among all law enforcement agencies and all branches of the armed services, ICE agents conceal their identities, wearing masks and removing names from their uniforms. Why is that? Why do National Guard members, state, county, and local police officers, and members of the Army, Navy, Air Force, and Marines all routinely work unmasked while ICE agents work masked?" wrote Raskin.
"Who is hiding behind these masks?" he continued. "How many of them were among the violent rioters who attacked the Capitol on January 6 and were convicted of their offenses? The American people deserve to know how many of these violent insurrectionists have been given guns and badges by this administration."
He demanded the release of records related to the solicitation or hiring of anyone charged or investigated for participating in the January 6 attack.
Raskin's letter was sent as independent journalist Ken Klippenstein reported on leaked documents showing that ICE and Border Patrol officials on the ground are struggling to cope with both staffing and legal compliance issues following Good's killing.
"While Homeland Secretary Kristi Noem and others in the administration preen about justifying last week’s shooting and trumpet their war on 'domestic terrorism,' DHS is privately divided and hesitant about the latest deployments," wrote Klippenstein, detailing efforts within the agency to find around 300 volunteers to deploy in Minneapolis, "in part due to opposition within the ranks."
Following DHS' aggressive recruiting push that appears to designed to appeal to extremist militias, "there might be some immature knuckleheads who think they are out there trying to capture Nicolás Maduro, but most field officers see a clear need for deescalation," a high-ranking career official at DHS told Klippenstein. “There is genuine fear that indeed ICE’s heavy handedness and the rhetoric from Washington is more creating a condition where the officers’ lives are in danger rather than the other way around.”
Officials are reportedly pushing to rein in the agents whom the Trump administration has unleashed on communities including Minneapolis, where ICE agent Jonathan Ross shot Good while she was sitting in her car after she had reportedly been given conflicting orders by officers.
While Trump has suggested Good was to blame for her killing because she was "disrespectful" to the officers and videos have surfaced of agents attacking and threatening people for filming and observing them, Border Patrol Commander Greg Bovino sent a "legal refresher" to agents in the field, reminding them that protesters who use profanity, insults, and rude gestures are not breaking any laws.
Noncompliance with law enforcement and recordings of ICE agents are protected activities, the document reminds officers.
Sarah Saldaña, a former director of ICE, also recently said that DHS' decision to frame its recruiting push as a "war effort" would inevitably result in a federal anti-immigration force that views itself as being at war with the communities it's sent to.
DHS is promoting a viewpoint among recruits that “the quicker we get out there and run over people, the better off this country will be,” Saldaña told the Washington Post days before Good was killed. “That mentality you’re fostering tends to inculcate in people a certain aggressiveness that may not be necessary in 85% of what you do.”
A DHS official who spoke to Klippenstein said that "the claim is that recruiting is up, but there is also dread that the gung-ho types that ICE and the Border Patrol are bringing in have a propensity towards confrontation and even violence.”
"This president's authoritarianism is a real and living threat to our democracy and it demands vigilance, and resistance from us all."
On the fifth anniversary of President Donald Trump's supporters storming the US Capitol over his reelection loss, and nearly a year after he pardoned those insurrectionists, congressional Democrats and other critics condemned the Republican leader's escalating assault on the country's Constitution and democracy.
"On his first day back in office, Trump pardoned more than 1,500 January 6 rioters, including violent criminals who bludgeoned police officers," Christina Harvey, executive director of the progressive group Stand Up America, said in a Tuesday statement.
"The message is unmistakable: Those who break the law for Trump are rewarded with pardons and protection, while those who enforce the law are punished for doing their jobs," she said. "That leaves all of us less safe. The American people deserve better."
Ahead of the anniversary, US House Judiciary Committee Ranking Member Jamie Raskin (D-Md.) released two related reports: Where Are They Now: The Perpetrators of January 6th and the Defenders of Democracy Who Stopped Them, and One Year Later: Assessing the Public Safety Implications of President Trump's Mass Pardons of 1,600 January 6 Rioters and Insurrectionists.
On Jan. 6, 2021, bloody insurrectionary violence interrupted the peaceful transfer of power.Today, America is still caught in an epic struggle between selfish forces of rule-or-ruin autocracy & the unyielding defenders of constitutional democracy all over America.
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— Rep. Jamie Raskin (@raskin.house.gov) January 6, 2026 at 9:40 AM
Raskin—a former constitutional law professor who notably led Trump's historic second impeachment in the wake of the Capitol attack—also penned a Tuesday op-ed in the New York Times, arguing that January 6, 2021 "never ended."
The congressman highlighted that since returning to the Oval Office, Trump has "punished law enforcement officials en masse for doing their jobs," installing "insurrectionists in the highest ranks of the Department of Justice" and conducting a "bureaucratic purge—with firings and permanent demotions—of hundreds" of Federal Bureau of Investigation agents and prosecutors.
"These moves at the Justice Department," he wrote, "have cost the government thousands of collective years of investigative and prosecutorial experience, demoralized the civil service, and reduced our government to the moral level of a gangster state."
Raskin further pointed out that the president "granted clemency to dozens of people who had committed or been accused of violent and horrific crimes after January 6, such as plotting the murders of FBI agents, resisting arrest, assault, rape, burglary, stalking, stabbing, possession of child sex abuse materials, and DUI homicide."
Raskin also joined several other House Democrats—including Minority Leader Hakeem Jeffries (NY) and Rep. Bennie Thompson (Miss.), who chaired the select committee that investigated the Capitol attack—for an unofficial Tuesday morning hearing that featured testimony from former law enforcement, state officials, and other Americans who witnessed the MAGA mob violence.
Jeffries and Senate Minority Leader Chuck Schumer (D-NY) also plan to mark the anniversary outside the Capitol Tuesday evening. In a morning floor speech, Schumer noted that event, recounted his experience with the "mob of rioters," stressed that "we must never relent on speaking the truth" about the attack, and slammed the pardons as "among the most sickening things Donald Trump has done in office."
"These pardons were an explicit endorsement of using violence to get your way," Schumer said. "That is who Donald Trump is at his core: a man who’s happy to see violence work in his favor, to get what he wants. And in this chamber—especially in the House of Representatives—too many Republicans remain silent in the face of obvious evil."
Separately, Schumer has spoken out against Trump's recent illegal violence abroad: a boat-bombing spree that has killed over 100 alleged drug traffickers in international waters and the weekend abduction of Venezuelan President Nicolás Maduro, which resulted in dozens of deaths.
"For two long hours we heard yesterday from the administration, and what we heard was little more than wishful thinking and no real answers," he said Tuesday. "We got no clear answer to any of the four questions I've been asking the administration for days."
"First, how many troops are we going to commit to Venezuela? Are there any limits? No answer," Schumer explained. "Second, for how long will we be committed to running Venezuela? No answer. Third, how much is this all going to cost? They said they had no cost estimate. And fourth, what country is next? Is Colombia on the table? Are we going to invade a NATO ally like Greenland? Where does this belligerence stop? I was very troubled, very troubled by their answer on this as well."
Schumer pledged Monday that this week he and other senators would force a vote on a bipartisan war powers resolution "that will affirm Congress' authority on matters of war and peace when it comes to Venezuela." So far, neither GOP-controlled chamber has been able to pass such a measure related to Trump's march toward war with the South American nation or his boat bombings.
On Saturday, Trump attacked Venezuela. Five years ago Trump attacked our Capitol. If Trump had been held accountable for the Jan 6 attack, there would've been no attack on Venezuela-nor anything else from this second term. My new article deanobeidallah.substack.com/p/the-straig...
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— Dean Obeidallah (@deanobeidallah.bsky.social) January 6, 2026 at 10:04 AM
In a Tuesday statement about the January 6 anniversary, Lisa Gilbert, co-president of the advocacy group Public Citizen, pointed to not only Trump's abduction of the Venezuelan leader but also how he's trampled on the rights of Americans, including by trying to deploy the National Guard in various US cities.
"Five years ago, a sitting US president incited violence against our nation in a shameless attempt to overturn a democratically held election. This day must live forever in our memory, so that we continue to seek accountability for the perpetrators and work tirelessly to safeguard our democracy from future lawlessness," Gilbert said. "As we reflect on the solemn anniversary of the insurrection, we must grapple with the reality that the same president is back in office."
"And that his disdain for the rule of law and disregard of the US Constitution are more brazen than ever, amplified by endless incendiary rhetoric and reckless actions," she continued. "From the unwanted and unlawful military deployments of the National Guard to US cities to the indefensible and brazenly unlawful kidnapping of a foreign leader for the benefit of fossil fuel corporations, this president's authoritarianism is a real and living threat to our democracy, and it demands vigilance and resistance from us all."