Wednesday, December 3, 2025

House GOP subpoenas former special counsel Jack Smith for deposition

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FIRST ON FOX: House Judiciary Committee Chairman Jim Jordan, R-Ohio, subpoenaed former special counsel Jack Smith on Wednesday for a deposition, escalating Republicans’ investigation into one of President Donald Trump’s top political foes.

Jordan directed Smith to appear before the committee on Dec. 17, according to a copy of the subpoena reviewed by Fox News Digital.

“Due to your service as Special Counsel, the Committee believes that you possess information that is vital to its oversight of this matter,” Jordan wrote in a letter accompanying his request.

Jim Jordan listens to testimony during a committee hearing

Rep. Jim Jordan, R-Ohio., looks on during a hearing with the House Judiciary Committee in the Rayburn House Office Building on Sept. 3, 2025, in Washington, D.C. (Kevin Dietsch/Getty Images)

The forthcoming deposition, which is set to take place behind closed doors, comes as House and Senate Republicans have zeroed in on Smith’s election-related investigation of Trump, describing it as a scandal that unnecessarily swept up hundreds of Republican lawmakers, GOP entities, Trump allies and media outlets as part of the probe.

Smith has repeatedly stood by his work as special counsel, which eventually involved bringing two sets of criminal charges against Trump over the 2020 election and over alleged retention of classified documents. Smith dropped both cases after Trump won the 2024 election, citing a Department of Justice policy that discourages prosecuting sitting presidents.

Jack Smith in front of flags.

Special counsel Jack Smith speaks to members of the media at the Department of Justice building in Washington, DC, on Aug. 1, 2023.  (Saul Loeb/AFP via Getty Images)

Smith has already offered to publicly testify before the House and Senate Judiciary Committees, but a source familiar with Jordan’s request said a deposition is the chairman’s preferred format because each party on the committee can question Smith for an hour at a time and build a better record. In a public hearing, lawmakers typically question a witness in five-minute intervals.

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Jordan’s subpoena also included a sweeping demand for all documents and communications related to Smith’s time as special counsel, a request that comes after the DOJ told Smith’s lawyers in a letter on Nov. 12, reviewed by Fox News Digital, that it would make a “unique” accommodation to Congress by authorizing Smith to “provide unrestricted testimony to the Committee, irrespective of potential privilege.”

Fox News Digital reached out to a Smith representative and committee Democrats for comment.

This is a developing story. Check back for updates.

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