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Jack Smith wants to tell Congress about his Trump investigations. That comes with risks.

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Jack Smith wants to make his case against Donald Trump to Congress — but he’s walking into a political and legal minefield.

The Biden-era special counsel who brought the first and only federal criminal charges ever leveled against a former president is set to testify behind closed doors Wednesday to the House Judiciary Committee.

To do so, he must navigate Byzantine secrecy laws and rules that limit what he can disclose to lawmakers. All the while, Republicans are looking to trip him up and incriminate him, to portray him as a tool of a weaponized Justice Department — an allegation they’ve brandished amid recent revelations that Smith obtained phone records of at least eight GOP senators as part of his probe into Trump’s efforts to subvert the 2020 election results.

“What they did all along, everything was wrong … a lot of things that were just not normal course of investigation or prosecution,” House Judiciary Committee Chair Jim Jordan said in an interview. “If he comes in and doesn’t answer questions, that’s going to be a problem.”

At the same time, Democrats are eager for further details about the investigations Smith had to abandon after Trump won reelection in 2024, bowing to the reality that sitting presidents cannot face federal charges while in office. Smith was investigating Trump for election subversion attempts and mishandling classified documents.

“We want to hear exactly what he found, and what he did,” Rep. Jamie Raskin, the top Democrat on the House Judiciary Committee, said in an interview. “He just needs to come and tell the truth.”

It’s all forcing Smith into a delicate, high-stakes dance with members of both parties. Democrats want to exploit any opportunity to discredit Trump, but Republicans are hoping to back Smith into a corner and portray him as a politically motivated activist.

“Jack Smith should be in jail — if not prison,” said Rep. Troy Nehls (R-Texas), a member of the Judiciary Committee, when asked about his ideal outcome for Smith’s deposition. “He’s a crook. Jack Smith is a crook, and he needs to be held accountable for all his games that he played.”

Peter Koski, the former deputy chief of the DOJ Public Integrity Section and a member of Smith’s legal team at Covington & Burling, said in a statement Tuesday his client is “looking forward to answering the committee’s questions, sharing the legal basis for his investigative steps, and discussing the evidence of President Trump’s alleged efforts to overturn the 2020 election and his unlawful possession of classified documents at Mar-a-Lago.”

Ultimately, though, there are restrictions for what Smith can and cannot tell members. He remains bound by grand jury rules that bar prosecutors from disclosing evidence that was never made public, at least without the permission of a court.

And in his capacity as a former Justice Department employee, he’s also limited in what he can share about his prosecutorial work. DOJ has provided an authorization letter to facilitate Smith’s testimony, according to a person granted anonymity to share details of private correspondence; however, the scope of the waiver is not clear.

A federal judge in Florida has also maintained an 11-month prohibition on the release of any details of Smith’s final report in the classified documents probe — a restriction Trump has urged her to maintain indefinitely — further narrowing what Smith is legally permitted to share about that investigation.

Complicating matters further is that Trump has called repeatedly for Smith’s prosecution, fueling the GOP appetite for incriminating Smith. That’s forcing Smith to weigh potential risks of criminal accusations against his desire to share information about his work with lawmakers.

Jordan has already sent out a criminal referral for Thomas Windom, a top Smith deputy, after the former senior assistant special counsel repeatedly declined to answer questions during his September deposition before investigators with the Judiciary Committee.

“They are trying to get him on the fast road to one of their ridiculous prosecutions,” Raskin said, of Smith.

House Judiciary Democrats are simultaneously pressing for the public release of Smith’s report detailing the results of his investigation into Trump’s alleged mishandling of classified documents.

Earlier this month, committee Democrats filed an amicus brief to a federal court in Florida urging Judge Aileen Cannon to allow its release, citing the ongoing panel’s investigations and the need to balance out what is currently a “one-sided public record.”

“Neither the Committee nor the public can meaningfully evaluate Mr. Smith’s conduct, or assess the Committee’s accusations, without access to the report that memorializes what the Special Counsel actually did and why,” stated the amicus brief, submitted by the Democrats’ lawyers.

Cannon, a Trump appointee who once ruled Smith was put into the special counsel role unconstitutionally, has so far maintained that the report will not be released. This decision could further complicate Smith’s testimony before Congressional investigators, adding limitations to what he can share.

“Every other special counsel committee report has been released, and I believe every other special counsel or independent counsel has appeared before Congress publicly,” Raskin said, “so our Republican colleagues seem to fear the strength of Jack Smith’s advocacy and presentation.”

Jordan said he intends to ask Smith about the classified documents case, including the FBI’s search of Trump’s Mar-a-Lago home in 2022. He also wants Smith to answer for DOJ’s efforts to obtain phone data from former Speaker Kevin McCarthy as part of his probe.

Smith preferred that all this take place in a public setting, with his legal team pressing Congressional Republicans hard to let the testimony proceed in an open hearing. Jordan declined that request. The GOP-led Senate Judiciary Committee, in contrast, has expressed an openness to facilitating such a hearing as it pursues its own Smith investigation, and Sen. Ron Johnson (R-Wis.) said he believed the House deposition will lay the groundwork for the Senate’s questioning.

“Before you interview somebody, before you hold a hearing — you need information, otherwise they run circles around you. You get nothing fruitful out of them,” said Johnson, who is co-leading the Senate’s probe into Smith’s investigations in his role as chair of the Permanent Subcommittee on Investigations.

Johnson said he expected Jordan would eventually produce a transcript of Smith’s House deposition. “Those would be the documents we’ll use when we interview him,” he said.

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Congress

GOP fundraiser with Hegseth scrapped amid Iran War buildup

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Rep. Zach Nunn has postponed a planned “Top Gun” themed fundraiser with Defense Secretary Pete Hegseth that had drawn criticism over its timing — at the start of a war that has already resulted in U.S. casualties.

The Iowa Republican announced the postponement Thursday on social media.

Nunn had said Hegseth would appear at the fundraiser on Saturday, hours after the initial U.S.-Israeli airstrikes in Iran. The event, called “Top Nunn” and billed as a “salute to the troops,” was scheduled for later this month in a Des Moines suburb.

On Tuesday, the Pentagon publicly identified the first U.S. deaths in the war, troops who were killed by an Iranian drone strike in Kuwait. The six soldiers were assigned to an Army Reserve command based in Nunn’s district, and two of them were from Iowa.

The announcement of the fundraiser drew strong condemnation from Democrats, who accused Hegseth of leveraging the war for political purposes. Democratic Congressional Campaign Committee spokesperson Katie Smith attacked Nunn’s event as “callous and disqualifying” in a statement on Wednesday.

Nunn, a former intelligence officer for the Air Force, explained the postponement in a social media post while offering condolences to the families of the troops who were killed.

“Operation TOP NUNN is postponed. We will have more to share about the event soon, and all ticket holders will be notified of the new date,” Nunn said. “Our prayers are with the families and our action is with our troops on the frontlines.”

Nunn said he plans to attend the arrival of the remains of the six soldiers at Dover Air Force Base on Saturday along with President Donald Trump.

Nunn paid his respects to the six soldiers in a speech on the House floor Thursday and led a moment of silence.

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Markwayne Mullin faces a straightforward path to confirmation as DHS secretary

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In replacing ousted Homeland Security Secretary Kristi Noem, Donald Trump is opting for one of the more reliable strategies to guarantee a quick Senate confirmation — nominating a senator.

Trump’s choice of Sen. Markwayne Mullin of Oklahoma sets up a relatively straightforward process, with some Senate Democrats already indicating they are open to voting for him.

“We’ve been successful at whipping everybody the president has nominated, and I expect the same for Markwayne Mullin,” Sen. John Barrasso of Wyoming, the No. 2 Senate Republican, said Thursday.

Senate Majority Leader John Thune separately told reporters that he wanted to move Mullin’s nomination “quickly.” Trump did not indicate in his Truth Social post when he would send Mullin’s nomination to the Senate, but said he would take over “effective March 31.”

“He’s obviously pretty well-vetted around here, so hopefully we can get the process going,” Thune said.

Mullin thanked Trump for the nomination in a statement Thursday and said, “I look forward to earning the support of my colleagues in the Senate and carrying out President Trump’s mission alongside the department’s many capable agencies and the thousands of patriots who keep us safe every day.”

Noem was confirmed 59-34 by the Senate, but she lost the confidence of many of the lawmakers who voted to confirm her more than a year ago. Republican Sens. Thom Tillis of North Carolina and Lisa Murkowski of Alaska both called on her to step down after DHS agents killed 37-year-old Alex Pretti in Minneapolis and she labeled him a “domestic terrorist” without evidence.

Both Tillis and Murkowski praised Mullin Thursday in the immediate wake of Trump’s announcement.

“He’s a man of his word. I think he’ll go in, get experts in there, and prove to be an executive with the right kind of skills, and get things squared away quickly,” Tillis said, adding that the decision was good for Trump’s “legacy.”

Tillis noted separately that Mullin “likes dogs,” an apparent reference to a story Noem included in her memoir about killing a misbehaving dog named Cricket.

Murkowski said she had a “great deal of respect” for Mullin.

“He has been a really good liaison between the Senate, actually the whole Congress, and the White House,” Murkowski said. “I’ve got strong respect for the guy, so I think he’ll do a good job

Sen. James Lankford of Oklahoma, a member of GOP leadership, acknowledged that Mullin’s nomination is unlikely to be unanimous, but he thought he would be treated “fairly” by his Senate colleagues.

It’s rare for current or former senators to see their nominations to administration posts derailed, but it has happened — most famously in 1989, when the Senate rejected John Tower’s nomination as Defense secretary amid charges of alcoholism and womanizing. More recently, Sens. Tom Daschle (D-S.D.) and Judd Gregg (R-N.H.) withdrew their nominations under then-President Barack Obama in 2009.

Republicans can confirm any of Trump’s nominees on their own as long as most of their own members stay united. But they’ll get at least a little help: Sen. John Fetterman (D-Pa.) said Thursday he will support Mullin’s nomination — a nod that could be especially important because he’s on the committee that must advance Mullin’s nomination to the full Senate.

Other Senate Democrats, including Minority Leader Chuck Schumer, are telegraphing they will oppose Mullin as they also blockade DHS funding over the department’s aggressive immigration enforcement tactics.

“The Senate should not consider any DHS Secretary nominee until DHS and ICE are reined in,” Schumer wrote on X Thursday, saying he would vote against Mullin.

But other Democrats, including Sen. Chris Coons of Delaware, left the door open to supporting the eventual nomination.

“I’m open to it, but he’s going to have to make real changes,” Coons said.

There is one potential pitfall: Mullin reportedly recently called Sen. Rand Paul (R-Ky.), the chair of the DHS-overseeing committee, a “freaking snake.” Paul has broad latitude to schedule and advance the director’s nomination.

Spokespeople for Paul didn’t immediately respond to a request for comment on Mullin’s nomination.

Katherine Tully-McManus, Meredith Lee Hill and Calen Razor contributed to this report.

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Warren Davidson is a rare hard-line Republican questioning the Middle East war

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As most congressional Republicans fall in line behind President Donald Trump’s decision to attack Iran, Rep. Warren Davidson is among the few choosing to speak out.

The six-term Ohio lawmaker — a former Army ranger who won the seat vacated by former Speaker John Boehner in 2015 — defied an intense whipping campaign from White House officials and House GOP leaders and voted Thursday to support a measure calling for the end of hostilities with Iran.

“The moral hazard posed by a government no longer constrained by our Constitution is a grave threat,” he said on the House floor ahead of the vote.

Davidson has only occasionally broken with Trump in the past, but he made clear almost immediately after the initial U.S. and Israeli strikes Saturday that he had concerns about the legal basis for the war.

While some of his fellow Hill Republicans saw Davidson as one of the few in their ranks who might stand publicly against the overseas military operation, others believed he would ultimately fold — particularly after he said he was willing to be convinced of the legality of the strikes.

Ultimately, though, Davidson was not persuaded after an administration briefing Tuesday.

He raised sharp concerns in a closed-door House GOP meeting the next morning, confronting Speaker Mike Johnson in a tense back-and-forth over the need for a vote on the war, according to four people in the room granted anonymity to describe the private meeting.

Davidson took particular issue with Johnson telling reporters the previous night that it was “shameful” that any lawmaker would vote for the war powers resolution. Doing so, the speaker said, would be siding with “the enemy.”

Davidson raised constitutional concerns and pushed back on Johnson’s argument that Congress didn’t need to weigh in at this point. There needed to be an up-or-down vote, he argued.“Warren was not giving in,” said one House Republican granted anonymity to describe the private meeting. According to the people in the room, Johnson tried to smooth over the flareup by telling Davidson they were “simpatico” and “I love you, brother,” at the end. Davidson declined to discuss the altercation.

“I made my thoughts known publicly,” he said leaving the meeting, referencing a social media post in which he criticized the speaker’s comments by name the previous night.

Davidson, 56, is a relatively low-key character among the cadre of hard-right House Republicans, who tends to speak tersely to reporters and pick his spots in fighting for fiscal discipline and civil liberties. But he has a long record of taking on party leaders, dating back to his first House campaign where he ran as a critic of Boehner while seeking to fill his seat.

He quickly joined the hard-line House Freedom Caucus after his election. But he was expelled from the group in 2024 after he endorsed against the group’s chair, then-Rep. Bob Good of Virginia, in a competitive GOP primary that Good later lost.

Davidson also garnered attention last year after joining Rep. Thomas Massie of Kentucky as the only House Republicans to oppose an initial vote on the GOP’s sprawling domestic policy megabill, citing fiscal concerns.

He later voted for the megabill’s final passage, and he has so far avoided direct criticism from Trump — earning a presidential reelection endorsement in November: “HE WILL NEVER LET YOU DOWN!”

If Trump were to now change his mind, he would have little recourse: Davidson has no Republican challenger, and the Ohio candidate filing deadline passed more than a month ago.

Now Davidson is once again allied with Massie on Thursday’s Iran vote, where both have raised constitutional concerns about the administration’s lack of consultation with Congress and its failure to make a public case for military action, as well as more substantive objections to entering a new foreign war.

“The constitutional sequence is you engage the public before you go to war, unless an attack is imminent. And imminent means, like, imminent, not like something that’s been over a 47-year period of time,” Davidson told reporters Tuesday.

That approach stands in stark contrast to the rhetoric from Johnson, who has said checking Trump’s war powers while strikes are underway would be “dangerous” and Trump is “well within his legal authority” to lead an expanding war in the Middle East with no approval from Congress.

Davidson has also singled out administration officials’ public statements on the justification for the war — particularly Secretary of State Marco Rubio’s argument that the U.S. sought to preempt Iranian retaliation on American assets for a strike it knew Israel was planning.

He called those comments “troubling” while also avoiding direct criticism of Trump. Ahead of the Tuesday briefing, Davidson gave the commander-in-chief the benefit of the doubt.

“President Trump has been an Iran war skeptic since before he was even a candidate,” he told reporters. “He found something persuasive. So I go into [the briefing] assuming there’s something that I will find persuasive.”

A day later he announced he was voting to restrain Trump — a case he made in principled, not personal terms.

“For some, this debate will be about whether we should even be fighting in Iran,” he said on the floor Wednesday. “For me, the debate is more fundamental: Is the president of the United States, regardless of the person holding the office, empowered to do whatever he wants? That’s not what our Constitution says.”

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