On January 6, 2026—the fifth anniversary of the Capitol attack—Senator Elizabeth Warren (D-MA) posted on X to highlight statements from former Special Counsel Jack Smith’s recent congressional testimony.
In her post, Warren wrote: “Don’t let this Jan 6th point get lost: Jack Smith testified to Congress he had ‘proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election.’ In other words, he could prove in court that Trump attempted a coup.”
The referenced testimony came from Smith’s eight-hour closed-door deposition before the House Judiciary Committee on December 17, 2025. The 255-page transcript was released on December 31, 2025.
During the deposition, Smith stated that his investigation developed “proof beyond a reasonable doubt” that Trump engaged in a criminal scheme to overturn the 2020 election results, including spreading false claims of election fraud, organizing fake electors, and exploiting the January 6 violence to delay certification. He emphasized there was no historical precedent for a president’s actions in this regard.
Smith highlighted that evidence included testimony from Trump’s Republican allies, such as former Vice President Mike Pence, confirming Trump’s knowledge that his fraud claims were false. He also noted the case was strong enough to prove intent and that the Capitol events were foreseeable and tied to Trump’s actions.
Additionally, Smith discussed details like obtaining phone records to timeline communications and argued that Trump’s false statements were not protected speech, as they were used to disrupt the electoral certification process.
The federal cases against Trump—for election interference and classified documents—were dismissed following his 2024 reelection, consistent with Department of Justice policy prohibiting prosecution of a sitting president, rather than any finding of insufficient evidence.
