GOP Chair Says Jack Smith Sat for 8-Hour Deposition Without Invoking Fifth Amendment
Former special counsel Jack Smith spent roughly eight hours Wednesday testifying under subpoena before the Republican-controlled House Judiciary Committee, and according to a CNN post on Facebook, he did not invoke his Fifth Amendment right at any point during the session. That detail was also echoed by committee chairman Rep. Jim Jordan on Fox News, who said Smith “did not take the Fifth like some of his deputies did.”
The lack of a Fifth Amendment invocation has become a point of emphasis for Republicans attacking the legitimacy of Smith’s prior investigations into former President Donald Trump, which were dropped after Trump’s reelection due to Justice Department policy. Critics frame the extended testimony without refusal as evidence Smith stood fully behind his work. Supporters of Smith, including Democrats and legal experts, argue the focus on the Fifth is a political talking point rather than a substantive critique.
Smith’s closed-door deposition was compelled by a subpoena from Judiciary Chairman Jim Jordan, part of a broader GOP review of the special counsel’s actions in the classified documents and 2020 election interference cases. Mainstream outlets like The Associated Press and Reuters confirm Smith’s lengthy testimony and his defense of the investigations’ integrity, though those accounts did not detail whether he ever invoked his constitutional rights.
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Asked about the Fifth Amendment issue, Jordan said in a post-session interview that Smith’s choice to answer rather than refuse questions undercuts claims his work was improper.
“It’s clear he stood by his decisions,” Jordan told reporters.
The emphasis on Smith’s refusal to take the Fifth matters because it feeds into broader partisan battles over accountability and the rule of law, with Republicans seeking to undermine the narrative around Trump-related probes and Democrats warning of potential abuses of process.
Next, members of the Judiciary Committee may push to release transcript excerpts or schedule a public hearing that brings Smith’s testimony into open session, setting up further clashes on Capitol Hill.
Smith has requested a public forum for his testimony, but no date or format has been finalized.
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