WATCH: Jack Smith Claims Trump Had No First Amendment Right to Question the 2020 Election

House Judiciary Republicans just pulled the curtain back, and what spilled out was exactly what many Americans suspected all along. On Wednesday, they released the transcript and video of former Special Counsel Jack Smith’s closed door testimony to Congress, and it reads less like sober law enforcement and more like a confession of political intent.

Smith was hauled in last month to explain his obsession with prosecuting President Trump, prosecutions Republicans have accurately described as partisan and politically motivated. Let’s remember how this started. Smith was appointed in 2022 by Attorney General Merrick Garland literally one day after President Trump announced his 2024 run. If that timing does not set off alarms, nothing will.

Smith went on to indict President Trump in Miami on 37 federal counts for lawfully storing presidential records at Mar-a-Lago, a property guarded around the clock by the Secret Service. Then came the Washington DC case, where Smith charged Trump with conspiracy counts tied to January 6, including obstruction and so called conspiracy against rights. This was the legal kitchen sink.

During his opening statement to Congress, Smith tried to play the humble prosecutor. He claimed the decision to bring charges was his alone and that the blame rests entirely with President Trump. But then came the part that mattered. Smith openly admitted his team deliberately framed the DC case as fraud, not a First Amendment issue.

Why does that matter? Because fraud is not protected speech. Smith said it himself. He bragged that this framing allowed his case to “prevail” before Obama appointed Judge Tanya Chutkan in district court. That boast aged badly once the Supreme Court of the United States stepped in.

Two of Smith’s charges were effectively blown up after the Court ruled on the obstruction statute, 1512(c)(2). That ruling undercut the entire legal theory Smith used to criminalize political conduct. And yet, Smith doubled down during his testimony.

When asked whether President Trump’s statements about election fraud were protected by the First Amendment, Smith flatly said no. He claimed that questioning an election becomes criminal if prosecutors decide the statements were knowingly false and aimed at government functions. That should terrify anyone who values free speech.

Congressional investigators pointed out the obvious, America has a long history of disputed elections, with candidates loudly alleging fraud going back to the 1800s. Smith’s response was telling. He insisted there is “no historical analog” for what President Trump did, a convenient claim that collapses under even basic historical scrutiny.

Attorney Mike Davis of the Article III Project nailed it. He argues Smith should face criminal prosecution for contorting laws to criminalize protected political speech and violating President Trump’s constitutional rights.

This testimony confirms what millions already knew. Jack Smith was not searching for justice. He was searching for a way around the Constitution. And now the receipts are public.

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