Former special counsel Jack Smith delivered a surprising assessment of hearsay claims tied to the Jan. 6 investigation during a recent closed-door deposition before Congress. Testifying before the House Judiciary Committee, Smith acknowledged that some of the most publicized testimony from a key witness lacked firsthand evidence and relied heavily on hearsay, according to a transcript released Wednesday.
Smith addressed testimony from Cassidy Hutchinson, a former White House aide who became a central figure in the Democrat-led Jan. 6 Committee hearings. Smith told lawmakers that portions of Hutchinson’s statements suffered from evidentiary weaknesses that would have drawn challenges in court. “If I were a defense attorney and Ms. Hutchinson were a witness, the first thing I would do was seek to preclude some of her testimony because it was hearsay,” Smith said.
He further explained that Hutchinson “was a second or even thirdhand witness,” noting that investigators interviewed other individuals she cited. Smith said those witnesses offered “different perspectives” from Hutchinson’s accounts. Regarding claims that President Donald Trump attempted to grab a steering wheel from a Secret Service agent, Smith said an officer present recalled Trump being angry but did not confirm Hutchinson’s version of events.
Smith emphasized that “a number of the things that she gave evidence on were secondhand hearsay,” adding that such testimony “certainly wouldn’t be as powerful as firsthand testimony.” Hutchinson’s statements, which dominated headlines in 2022, became a focal point for Republicans who questioned the credibility of the committee.
Hutchinson served as a top aide to former White House chief of staff Mark Meadows and testified under oath about internal discussions following the 2020 election. Smith’s deposition occurred during a broader examination of his investigative decisions involving President Trump, including cases related to the election and classified materials.
