Asked whether he developed evidence that Donald Trump was responsible for the violence at the Capitol on January 6, Smith did not say yes or no. He said Trump caused the circumstances, exploited the violence once it began, and understood what it was doing for him. That answer is now at the center of a political firestorm because the Justice Department released the full 255-page transcript of Smith's closed-door testimony late on New Year's Eve, a timing that guaranteed selective reading and rapid political framing.
The back-to-back failures by prosecutors to secure an indictment amounted to a striking rejection of the administration's retribution campaign. It highlighted the Justice Department's unusual strategy of pursuing second indictments despite earlier failures in court and suggested the department would face major hurdles in bringing charges against President Trump's foes.