Trump ‘engaged in criminal activity’, Jack Smith says in Capitol Hill testimony

January 22, 2026

Former special counsel Jack Smith testified publicly for the first time about his criminal investigations into Donald Trump, asserting he had proof beyond reasonable doubt to convict the former president in cases involving election interference and classified document retention. Smith maintained that Trump bore primary responsibility for the January 6th Capitol riot and stated he would prosecute the same cases again regardless of political party, emphasizing that no one should be above the law. The congressional hearing largely followed partisan lines, with Republicans accusing Smith of politically motivated prosecution while Democrats supported his investigations.

Who is affected

Donald Trump (subject of the criminal investigations)
Jack Smith (former special counsel facing potential investigation/prosecution)
More than 1,000 people who received mass pardons for January 6th-related crimes
Four former Capitol Police officers who testified and were present at the hearing
Republican and Democratic lawmakers on the congressional committee
Attorney General Pam Bondi and the Department of Justice
Capitol Police officers who responded to the January 6th riot

What action is being taken

The congressional committee is conducting hearings with Jack Smith's testimony
Federal officials have an ongoing investigation into Smith (opened over the summer)
The Office of the Special Counsel is investigating Smith
Trump is posting commentary on social media about the hearing and calling for Smith's prosecution

Why it matters

This testimony represents the first public accounting of the evidence gathered against a former president in cases involving alleged election interference and mishandling of classified documents. The hearing highlights the deep partisan divide over January 6th and Trump's actions, with significant implications for accountability, rule of law, and whether political figures can face consequences for alleged criminal conduct. Smith's warnings about intimidation and potential retaliatory prosecution raise concerns about the independence of the justice system and whether investigating powerful political figures will deter future prosecutors from pursuing similar cases.

What's next

No explicit next steps stated in the article

Read full article from source: BBC