3 things to know before Jack Smith testifies

The former Justice Department special counsel, who twice indicted President Donald Trump, will face tough questioning in an upcoming congressional hearing.

Jack Smith is scheduled to testify at a House Judiciary hearing on Thursday. It’s an opportunity for the career prosecutor to offer his inside view on investigations into Trump’s mishandling of classified documents and attempt to overturn the results of the 2020 election. The president was indicted in two federal cases, but they were overturned once it became clear Trump would return to the Oval Office, due to a Justice Department policy that bars the prosecution of a sitting president.

Watch live: Jack Smith testifies about Trump’s criminal investigation

Trump denied any wrongdoing while attacking Smith, calling him a “criminal” who should be investigated and “put in prison.”

Now Smith will have the opportunity to say more to the American people.

Here are three things to watch for during your hearing.

1. Will we learn something new?

Watch Jack Smith’s closed-door deposition regarding the investigation into Trump in the player above.

During his previous closed-door testimony before select members and staff of the House Judiciary Committee, Smith strongly denied any political bias influenced his work. He stood by his decision to pursue a trial against the then-former president and expressed his strong conviction that the jury would have convicted him.

“Our investigation has found evidence beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and prevent the lawful transfer of power,” he told lawmakers in December.

more: Read Jack Smith’s full brief on the impeachment decision against Trump

But he provided few new details about the two longstanding cases against Trump. He told lawmakers that much of Smith and his team’s investigation into Trump’s storage of secret documents at Mar-a-Lago remains under seal, citing secrecy restrictions imposed by the grand jury and a court order from Florida U.S. District Judge Eileen Cannon, a Trump appointee.

Smith did not say whether he had the opportunity to meet former Vice President Mike Pence, but he indicated that he would have been a strong witness if the case had gone to trial.

Smith dropped both cases in November 2024 after Trump won a second term.

When Rep. Jared Moskowitz, Democrat of Florida, asked him if he had been forced to testify on instructions from the White House, he replied: “I look forward to this president seeking retaliation.”

Smith said the decision to seek out and secure location data and phone records from lawmakers with ties — however tangential — to the events of that day was made for him.

He said: “I did not choose these members, but President Trump did.”

We’re not sure if the full committee will get more details from Smith in a public meeting.

2. Will Republicans focus on Smith or others?

Trump has repeatedly and sharply attacked Smith, calling him a biased “Trump hater.” But after Republicans released the transcript of Smith’s testimony behind closed doors, they highlighted one particular element: how Smith described the words of a key witness — Cassidy Hutchinson.

Hutchinson was the star witness in the Democratic-led hearings on January 6, 2022. At the time of the Capitol attack, she was a top aide to then-White House chief of staff Mark Meadows. She told Congress about Meadows and Trump’s responses to the attack as it was being carried out.

In his closed-door testimony last month, Smith described Hutchinson as a “second or even third witness.” Hess was also not sure that her testimony would be admissible in court because it was indirect. House Republicans focused on that online, saying the Jan. 6 panel’s original case had been “destroyed.”

Watch to what extent Republicans aim for Smith, versus working to get rid of the case and the witnesses involved.

3. Why good? Does the session change public opinion in any direction?

Smith’s investigation and Trump’s impeachment were unprecedented in US history.

On the one hand, there is the Smith case: He did not hesitate to say that Trump committed crimes against the country, and the evidence proves that. But Trump has repeatedly denied any wrongdoing and insisted he is the victim of a political attack.

A Democratic-led attempt to impeach Trump on similar charges in early 2021 failed, and Trump remains protected from prosecution while in office.

But Trump and Republicans face headwinds in the midterm elections. This hearing represents another opportunity for both parties to try to sway the public about the GOP leader — and his actions.

PBS News’ Joshua Barajas contributed to this report.