Former special counsel Jack Smith told House lawmakers that the Justice Department under President Donald Trump should not have dismissed federal charges against two of Trump’s codefendants in the classified documents case, according to Democrats who spoke to reporters during a break in Smith’s closed-door deposition Wednesday.
Democrats revealed the claim during a press conference held outside the House Judiciary Committee room while Smith was still testifying behind closed doors. Rep. Dan Goldman (D-NY) said Smith made clear during questioning that there was “no basis on the evidence or the facts or the law” to dismiss charges against Trump aide Walt Nauta and his Mar-a-Lago property manager, Carlos De Oliveira.
“The special counsel made very clear that the two additional cases against Donald Trump’s codefendants had no reason to be dismissed,” Goldman said. “Donald Trump’s Justice Department dismissed those as soon as he came into office.”
The DOJ moved on Feb. 11, 2025, to dismiss the remaining federal prosecutions tied to Smith’s work after Trump returned to office, citing long-standing DOJ policy barring criminal prosecutions of a sitting president. That decision swept away not only the election interference case but also the classified documents prosecution and the remaining charges against Nauta and De Oliveira, both of whom had been accused of helping Trump conceal classified materials at Mar-a-Lago and obstructing investigators.
Smith’s deposition began shortly after 10 a.m. Wednesday, and marked the first time lawmakers have directly questioned him about the Trump prosecutions. He arrived under subpoena at the Rayburn House Office Building and declined to answer reporters’ questions before entering the deposition room. House Judiciary Chairman Jim Jordan (R-OH) demurred when asked whether the hearing was satisfying Republicans’ concerns, saying, “Yeah, I mean they’re asking questions, and we’re asking questions.”
Goldman said Smith defended the integrity of his investigations and rejected claims that political considerations drove charging decisions. The lawmaker also criticized Republicans for conducting the session behind closed doors and for blocking the public release of the second volume of Smith’s final report, which focuses on the classified documents case.
“That report is only not being released because the judge in Florida refuses to authorize its release,” Goldman said, calling the delay “absolutely unacceptable.”
Other Democrats echoed those complaints. Rep. Pramila Jayapal (D-WA) said Smith warned that withholding the report and attacking career prosecutors would have “catastrophic” consequences for public trust and could deter qualified professionals from public service.
Rep. Jamie Raskin (D-MD) went further, suggesting that public testimony from Smith would have been politically damaging to Trump and his allies. Raskin praised Smith as a “sensational and honorable public servant” and said the former prosecutor spent hours explaining the ethical duties of prosecutors to the committee.
U.S. District Judge Aileen Cannon, a Trump appointee who presided over the classified documents case last year, has waited nearly a year to approve the release of Smith’s final report, which details his investigation and basis for bringing the South Florida case. Cannon, earlier this week, allowed Trump to submit an amicus brief in the case, which would serve as his last word on why she should not let Smith’s report be released publicly.
Smith, in his opening statement, said the charging decisions were his alone and based entirely on the facts and the law. He maintained that his office found evidence beyond a reasonable doubt that Trump sought to overturn the 2020 election and obstruct justice in the classified documents investigation.
Rep. Jasmine Crockett (D-TX) told the Washington Examiner that Smith did not disclose any details from the classified documents report during the deposition, saying that he adhered strictly to court orders barring its release.
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“He is a prosecutor through and through, and he believes in following court orders,” Crockett said, noting that Smith had mentioned “nothing” about his second report concerning the classified documents case.
The closed-door testimony, which continued on Wednesday past 4 p.m., is expected to shape future possible congressional hearings as both House and Senate Republicans weigh next steps in their scrutiny of the Trump prosecutions.