Summary

  • Jack Smith testifies before the House Judiciary Committee about his criminal investigations into US President Donald Trump, telling the hearing he has no partisan loyalties and his investigations found Trump "engaged in criminal activity"

  • Trump posts on social media about the hearing, saying Smith is a "deranged animal" and suggests the attorney general should look into Smith's actions

  • During a recess, there was an angry confrontation between a person in the audience and a former Capitol police officer, with both men leaving the room shortly after

  • Also briefly at the hearing was founder of the Oath Keepers Stewart Rhodes, who was pardoned by Trump after he was sentenced to 18 years in prison for his role in the US Capitol riots

  • As special counsel for the Justice Department under the Biden administration, Smith investigated Trump over his alleged role in efforts to overturn the 2020 election, and his handling of classified documents

  • Trump pleaded not guilty in both cases, and the prosecutions ended after his re-election, with Smith saying in court filings the justice department is banned from prosecuting a sitting president

Media caption,

Watch: Special counsel says President Trump 'wilfully broke the law'

  1. Jack Smith's testimony: What we learned todaypublished at 22:18 GMT 22 January

    Former special counsel Jack Smith surrounded by reporters and camera crewsImage source, Reuters

    Here's what happened during today's much anticipated testimony:

    • Republicans chastised former special counsel Smith’s actions and labelled them as a partisan attack on Trump. Democrats in their line of questioning have targeted Trump's alleged wrongdoing and his actions surrounding the events of the 6 January riot. They applauded Smith and his investigation.
    • During a recess, a political operative connected to conspiracy theories regarding 2020 election interference began accosting former Capitol police officer Michael Fanone, who served during the 6 January riot
    • Smith was asked about the mass pardoning of Capitol rioters after US President Donald Trump took office in January 2025 and says the people who assaulted police officers and were sentenced to prison are dangerous, and says that some have already committed crimes since their pardons
    • During Smith's testimony, US President Donald Trump, who is returning from his trip to the World Economic Forum at Davos, attacked the former special counsel on Truth Social
    • Smith also says that he believes he will continue to be targeted by Trump's justice department "because they have been ordered to by the president"
    • Smith says Trump's statements are meant to intimidate him: "I will not be intimidated. I think these statements are also made as a warning to others of what will happen if they stand up."

    We are now ending our live coverage from Washington DC for this evening.

    You can read a full account of the day's events from Ana Faguy on Capitol Hill here: Trump ‘engaged in criminal activity’ Jack Smith says in Capitol Hill testimony

  2. What were Trump's criminal cases were about?published at 22:10 GMT 22 January

    Former Special Counsel Jack Smith led two criminal investigations into Trump.

    Classified documents

    Smith investigated Trump's alleged mishandling of classified documents after he left his first term in office, for which Trump was ultimately charged on 37 counts. Trump was accused of keeping files, including documents detailing US nuclear secrets and military plans, at his Florida estate. Some were photographed by investigators in ballroom and in a shower.

    Prosecutors say Trump tried to obstruct the FBI inquiry into the missing documents.

    The case against Trump, who denies any wrongdoing, was later dropped.

    2020 election results

    Smith investigated Trump for his alleged efforts to overturn the results of the 2020 election.

    Capping off an inquiry into the events surrounding the 6 January 2021 riot at the US Capitol, Trump was charged on four counts - including conspiracy to defraud the US, tampering with a witness and conspiracy against the rights of citizens.

    Smith did not charge Trump with inciting the 6 January mob, instead focusing on Trump's actions in the two-month period between his loss to Joe Biden and the riot in Washington DC.

    Cases dropped

    Smith said in court filings that he requested the cases to be dismissed because the justice department is banned from prosecuting a sitting president, and not because of anything having to do with the substance of the cases.

    The Supreme Court ruled in 2024 that a former president could not be prosecuted for "official acts" taken while in office, and Trump went on to win the election a few months later.

  3. Trump alleges Smith committed 'large scale perjury' with testimonypublished at 21:15 GMT 22 January

    Despite still being on his way back from Davos, President Donald Trump has been keeping tabs on former special counsel Jack Smith's testimony in Congress today.

    Posting just now on Truth Social, Trump again called for Smith to be prosecuted and alleges that Smith committed perjury.

    "Based on his testimony today, there is no question that Deranged Jack Smith should be prosecuted for his actions," he posts.

    "He destroyed the lives of many innocent people, which has been his history as a prosecutor. At a minimum, he committed large scale perjury!"

    Trump echoed his earlier missive - posted on his way back from the World Economic Forum in Davos - that also characterised Smith as ""a deranged animal" and said he was being "DECIMATED before Congress".

    He said he hoped Attorney General Pam Bondi was looking into "some of the crooked and corrupt witnesses" that Smith tapped in his cases against the president.

    "The whole thing was a Democrat SCAM — A big price should be paid by them for what they have put our Country through!" he wrote earlier.

  4. Jack Smith already defended his criminal investigations of Trump last monthpublished at 21:01 GMT 22 January

    Jack Smith walks down a hallway at the CapitolImage source, Getty Images

    While today's five-hour hearing is the first time Jack Smith has testified publicly, the former special counsel first testified before the House Judiciary Committee last month - giving an eight hour deposition behind closed doors.

    The transcript of what he said was released on New Years Eve in a 225-page document.

    It showed that Smith defended his decision to lead two now-defunct criminal investigations into Donald Trump.

    He argues that his investigation, which was launched under President Joe Biden, "developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power".

    He adds that his team "also developed powerful evidence that showed that President Trump willfully retained highly classified documents after he left office in January of 2021".

    Trump fired staff working in Smith's office after re-taking the White House. Smith says he has "no doubt" that was because of the criminal cases.

    "I have no doubt that the President wants to seek retribution against me," Smith said, claiming later that the justice department now "wants to seek retribution against anybody who worked on cases against President Trump".

  5. Jack Smith's testimony concludespublished at 20:24 GMT 22 January

    Former special counsel Jack SmithImage source, Reuters

    After approximately five hours - including a lengthy recess for votes on the floor of the House - Judiciary Committee Chair Jim Jordan gavels out the hearing for former special counsel Jack Smith's public testimony concerning his investigations into Donald Trump.

    Stick with us and we'll post some highlights of what we learned today.

  6. Why the rush to get the cases to trial?published at 20:16 GMT 22 January

    The public has the right to an expeditious trial as much as any defendant, Smith says after Republican Rep. Bob Onder of Missouri asks why the rush to prosecute President Donald Trump.

    Onder also asks whether the right to a speedy trial is primarily that of a defendant.

    "I honestly, before your arguments, I've never heard of the idea that the prosecution has a right to speed up," he says.

    Later Rep. Michael Baumgartner, Republican of Washington, also used his time to push Smith on the timing of his investigations and indictments of Trump.

    Former special counsel Jack SmithImage source, EPA
  7. An accidental moment of agreementpublished at 19:56 GMT 22 January

    Representative Glenn Grothman, a Republican from Wisconsin, appears to misspeak, saying "anybody who says that Donald Trump thought he won that election—that is just plain, not true."

    Grothman then tries to correct his statement to say Trump actually believed he had won but not before an interjection.

    "We agree," Jamie Raskin, the leading Democrat on the committee says.

  8. Smith asked about mass pardon of Capitol rioterspublished at 19:34 GMT 22 January

    Earlier, former special counsel Jack Smith was asked about the mass pardoning of Capitol rioters after President Donald Trump took office in January 2025.

    Jesús G. "Chuy" García, a Democrat, specifically asks why these pardons could make communities less safe and undermine the criminal legal system more broadly.

    Smith says the people who assaulted police officers and were convicted at trial and sentenced to prison are dangerous, and says that some have already committed crimes since their pardons.

    Quote Message

    I think all of us, if we're reasonable, know that there's going to be more crimes committed by these people in the future. I do not understand why you would mass pardon people who assaulted police officers. I don't get it. I never will.

    Jack Smith, Former special counsel

  9. Nehls says Capitol Police failed their officerspublished at 19:29 GMT 22 January

    Here's more on what Texas Republican Troy Nehls says about Jack Smith's investigation and what happened ahead of the Capitol riot.

    He characterises it as "about tearing down President Trump" before saying the blame for the January 6 riot lay with the US Capitol Police.

    Speaking directly to the four former Capitol police officers, he says their boss bear responsibility for the riot.

    "The fault does not lie with Donald Trump," Nehls says. He says the US Capitol Police's leadership had intelligence that a riot could occur but didn't tell its officers.

    "You were all unprepared to deal with that day and that's because your leadership failed to share the intelligence with you. It was their fault, it was not President Trump."

  10. Republican claims Capitol Police were at fault for 6 Januarypublished at 19:24 GMT 22 January

    Ana Faguy
    Reporting from Capitol Hill

    U.S. Representative Troy Nehls (R-TX) speaks during a House Judiciary Committee hearing about former Special Counsel Jack Smith's criminal investigation of U.S. President Donald TrumpImage source, Reuters
    Image caption,

    US Representative Troy Nehls

    There’s more tension in the room as Troy Nehls, a Republican, directly addresses the Capitol Police officers who are at the hearing.

    Nehls says the events of 6 January were not Trump’s fault. He claims it was the fault of Capitol Police leadership.

    Former officer Michael Fanone and others with him appear visibly upset.

    Fanone bends over and starts shaking with his elbows digging into his knees.

    He starts shouting, along with some Democrats who are upset with the remarks.

    Nehls did not ask Smith a question during his allotted speaking time.

  11. Smith says he expects Trump will continue to target himpublished at 19:06 GMT 22 January

    Ana Faguy
    Reporting from Capitol Hill

    Smith is asked by Rep Balint, a Democrat, if he thinks the president will try to have him indicted in the future because of his actions.

    The former special counsel says yes, he expects the president to continue to go after him through the Department of Justice.

    "I believe they will do everything in their power to do that because they have been ordered to by the president"

    In a Truth Social post earlier today, that we reported on below, President Trump suggested that Attorney General Pam Bondi should look into Smith's actions.

  12. 'I will not be intimidated', Smith says in response to Trump's attackspublished at 19:04 GMT 22 January

    Representative Becca Balint, a Democrat from Vermont, asks Smith about the impact of Trump's attacks on him and the team he worked with to bring the charges against the president.

    Trump's statements "are meant to intimidate me," he says to the congresswoman. "I will not be intimidated. I think these statements are also made as a warning to others of what will happen if they stand up."

  13. Hearing resumes with Smith asked about Trump's latest social media postpublished at 18:34 GMT 22 January

    Representative Joe Neguse, a Democrat from Colorado, has read out Trump's latest Truth Social post attacking Jack Smith, which we posted about earlier.

    He asks Smith if he knows that Trump has posted about him to which the former special counsel says he he wasn't aware.

    After reading the post, Neguse asks if Smith has a response.

    "I don't have anything to add," he says simply.

    Trump referred to Smith as a "deranged animal" and called on Attorney General Pam Bondi to investigate him.

    Reminder: You can watch live through the link at the top of the page.

    Rep Joe Neguse sits at a microphone in a committee hearing room on Capitol HillImage source, Getty Images
    Image caption,

    Rep Joe Neguse

  14. Photo: Fanone confronted at Smith hearingpublished at 18:32 GMT 22 January

    We now have a photo of the incident that occurred during the hearing's recess.

    Former police officer Michael Fanone is on the right. On the left is Ivan Raiklin, a political operative who is associated with attempts to overturn the result of the 2020 presidential election.

    Two men, one bald, one bearded, confront each other in the audience of a congressional hearingImage source, Getty Images
  15. Member of public taunts ex-Capitol police officerpublished at 18:27 GMT 22 January

    Ana Faguy
    Reporting from Capitol Hill

    We were on a recess and lawmakers had started to return to their seats when a member of the public audience began accosting former Capitol police officer Michael Fanone, who served during the 6 January riot.

    The man appeared to be taunting Fanone. We could hear Fanone accuse the man of having threatened his children, but we could not hear much else of what was said between them.

    The men got in each other's faces and Fanone had to be held back by another fellow former Capitol Police officer, Harry Dunn.

    Fanone was ushered out quickly and Capitol police rushed in to calm the room.

    Democratic lawmakers repeatedly shouted "he has no shame" at the unknown man.

    One of the Republican lawmakers could be heard explaining that the man in the audience was "a well-known right ring provocateur".

    Smith was not in the room when this happened and the man has since left the hearing room.

  16. Hearing resumespublished at 18:18 GMT 22 January

    We're back after a short recess. There was a dramatic moment during the break, with a person apparently removed from the room.

    We'll have more on that very soon from BBC reporter Ana Faguy, who is at the hearing.

  17. Chair calls another recesspublished at 18:08 GMT 22 January

    Ana Faguy
    Reporting from Capitol Hill

    It’s been three hours since Smith’s hearing began and it could be another couple of hours before it’s over.

    There’s still at least 12 lawmakers left to question the former special counsel.

    For now, Smith has requested a five minute recess. Then the questioning will continue.

    Stick with us.

  18. Trump, watching testimony, attacks Jack Smith againpublished at 17:48 GMT 22 January

    As Jack Smith testifies in Washington, US President Donald Trump, who is returning from his trip to the World Economic Forum at Davos, appears to be watching.

    "Deranged Jack Smith is being DECIMATED before Congress," Trump says in a TruthSocial post. "It was over when they discussed his past failures and unfair prosecutions."

    Here's what else he had to say:

    Quote Message

    He destroyed many lives under the guise of legitimacy. Jack Smith is a deranged animal, who shouldn’t be allowed to practice Law. If he were a Republican, his license would be taken away from him, and far worse! 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. The whole thing was a Democrat SCAM — A big price should be paid by them for what they have put our Country through!

    Donald Trump, US President on Truth Social

  19. Jan 6 rioter sits in audience near officers who defended the Capitolpublished at 17:38 GMT 22 January

    Ana Faguy
    Reporting from Capitol Hill

    Founder of the Oath Keepers Stewart Rhodes looks on as former Special Counsel Jack Smith testifies before the House Judiciary Committee in the Rayburn House Office Building on Capitol HillImage source, Getty Images
    Image caption,

    Stewart Rhodes

    We’ve told you about the handful of former Capitol Police officers sitting in the front row directly behind Smith.

    Just a few minutes ago Oathkeepers founder Stewart Rhodes walked in and is seated in the third row.

    Rhodes was among the rioters who stormed the US Capitol five years ago. He was later convicted of seditious conspiracy and evidence tampering for his role in 6 of January.

    Rhodes was sentenced to 18 years in prison but had his sentence commuted earlier this year by President Trump.

  20. Investigation into Trump cost $35m, Jordan sayspublished at 17:32 GMT 22 January

    Ana Faguy
    Reporting from Capitol Hill

    Committee chair Jim Jordan has returned to questioning Smith.

    The Republican congressman says Smith’s investigation cost $35m (£26m). He asks the former special counsel how much of that was used to pay confidential sources. Jordan specifically mentions a $20,000 payment to a source.

    Smith says that, to his recollection that $20,000 payment was to a confidential human source who reviewed video and photographic evidence of people attacking the US Capitol.

    Congressman Jim Jordan gesticulates while speaking into a microphone in front of a yellow curtainImage source, EPA