The House Judiciary Committee, under the leadership of Chairman Jim Jordan (R-OH), has issued a subpoena to former special counsel Jack Smith, compelling him to provide testimony and documents related to his investigations involving former President Donald Trump. Smith, who spearheaded two high-profile federal cases against Trump, is required to appear for a closed-door deposition on December 17 at 10 a.m. and submit the requested documents by December 12.
Smith's role as special counsel put him at the forefront of two significant legal battles: the first concerning classified documents retrieved from Trump's Mar-a-Lago residence, and the second linked to the January 6, 2021, Capitol riot investigation. Although the Mar-a-Lago case was dismissed by a federal judge in 2024, Smith later dropped all charges in the Jan. 6 case after Trump's reelection, adhering to the Department of Justice (DOJ) policy that refrains from prosecuting sitting presidents.
The subpoena, announced on December 3, 2025, by Rep. Jim Jordan via social media, highlights the committee's belief that Smith holds essential insights into the prosecutorial decisions made under the Biden administration. Republicans on the committee have emphasized the importance of Smith's testimony for ongoing oversight of the Office of Special Counsel, particularly concerning cases involving Trump and his political allies.
Smith has maintained that his actions as special counsel were in compliance with DOJ protocols, a stance supported by his voluntary offer to testify publicly before Congress. However, this offer was declined in favor of a closed deposition, which, according to Jordan, allows for a more comprehensive questioning format. Each party will have an hour to question Smith, deviating from the typical five-minute rounds.
Peter Koski, Smith's attorney, expressed disappointment in the decision to reject a public hearing, emphasizing the public's right to hear directly from Smith. Despite this, Smith anticipates the opportunity to address the committee and clarify misunderstandings about his investigations.
The subpoena also demands all documents and communications from Smith's tenure as special counsel, following a DOJ letter that provided Congress with a "unique" accommodation to allow Smith to testify without the usual privilege restrictions.
Adding to the scrutiny, Sen. Chuck Grassley (R-Iowa) released records showing that Smith's office had issued 197 subpoenas in the "Arctic Frost" probe, which targeted a wide range of Republicans, conservative organizations, media figures, and private businesses. Grassley likened the extensive investigation to "Biden's Watergate," criticizing it for being excessive and politically motivated. Smith's office has yet to comment on these documents.
As the Judiciary Committee prepares for the deposition, it is expected to delve deeply into the Arctic Frost probe, in addition to the Trump-related cases. While Democrats on the committee have not publicly reacted to the subpoena, Smith's upcoming testimony is anticipated to provide the most detailed account of his decision-making process as special counsel to date.
