Jack Smith says key Jan 6 witness relied on hearsay, lacked firsthand evidence
Former special counsel tells Congress the Jan. 6 Committee star witness offered largely secondhand hearsay
By Ashley Oliver Fox News
Published December 31, 2025 2:55pm EST
Former special counsel Jack Smith undercut claims made by Cassidy Hutchinson, a former White House aide and Jan. 6 Committee witness, while testifying in a recent deposition to Congress.
Smith told the House Judiciary Committee this month that he evaluated Hutchinson's explosive claims as part of his investigation and prosecution of President Donald Trump related to the 2020 election, according to a transcript published Wednesday.
Smith said they had deficiencies because Hutchinson did not offer firsthand information.
Asked during the deposition how he would have approached cross-examining Hutchinson, Smith said he would have moved to prohibit a portion of her testimony from being used.
"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, and I don’t have the full range of her testimony in front of me right now, but I do remember that that was a decent part of it," Smith said.
Smith was also asked about specific claims Hutchinson had made, including that Trump was aware that some of his supporters would be armed at his rally and that Trump attempted to grab the steering wheel of his driver out of anger.
Hutchinson "was a second or even thirdhand witness," Smith said, adding that other witnesses gave "different perspectives" than her.
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