Special Counsel Jack Smith’s declaration under oath that he “developed proof beyond a reasonable doubt” of a “criminal scheme” hatched by President Trump to stay in power after the 2020 election underscores how the prosecutor will likely go to his grave convinced of Mr. Trump’s guilt.

The appearance on Wednesday was behind closed doors and followed a subpoena of Mr. Smith from the chairman of the House Judiciary Committee, Congressman Jim Jordan. Mr. Smith first asserted that he would only testify at a public session and if he was granted immunity. Those conditions were not met, but Mr. Smith nevertheless appeared on Capitol Hill, likely out of concern that if he refused he would have been vulnerable to contempt charges.

Mr. Trump appeared to endorse a public hearing, telling reporters   “I’d rather see him testify publicly. There’s no way he can answer the questions.” One of Mr. Smith’s lawyers, Peter Koski, declares that he is “disappointed” that his client’s offer to testify publicly “was rejected, and that the American people will be denied the opportunity to hear directly from Jack on these topics.”

Mr. Smith, the Associated Press reports, contended that he made “decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 election.” He also testified that he gathered “powerful evidence” that Mr. Trump was guilty of retaining classified documents at Mar-a-Lago. Both the election interference and document cases ended in dismissals after Mr. Trump won reelection.

Despite those failures Mr. Smith insisted on Wednesday that he “took actions based on what the facts and the law required — the very lesson I learned early in my career as a prosecutor.” He vowed that he would, on the same facts, prosecute a defendant “whether the president was a Republican or Democrat.” Mr. Trump has called Mr. Smith “lamebrained” and “deranged” and insists the prosecutions were political.

One of Mr. Smith’s attorneys, Lanny Breuer, said in a statement on Wednesday that “Testifying before this committee, Jack is showing tremendous courage in light of the remarkable and unprecedented retribution campaign against him by this administration and this White House.” Mr. Smith announced earlier this month that he is founding his own law firm alongside two of his erstwhile deputies, David Harbach and Thomas Windom. 

Mr. Windom has been referred to the Department of Justice for criminal contempt charges after he did not answer questions to Mr. Jordan’s satisfaction. That is no idle threat — two of Mr. Trump’s advisers, Stephen Bannon and Peter Navarro, were prosecuted by President Biden’s DOJ after they refused to testify before the House January 6 committee. They both served four months in prison, though Mr. Navarro is now back at the White House.

Mr. Smith’s confidence in respect of the January 6 case against Mr. Trump will not have come as a surprise to readers of the special counsel’s final report in the case, which was released before Mr. Trump’s second term. Mr. Smith wrote that the “admissible evidence was sufficient to obtain and sustain a conviction at trial.” Mr. Smith claims Mr. Trump was only saved by the DOJ’s view, which is “categorical,” that the “Constitution prohibits the continued indictment and prosecution of a President.”

Mr. Smith’s testimony was likely confined largely to the January 6 case because the final report for the Mar-a-Lago one is in something of a legal limbo. The dossier’s publication has been blocked by Judge Aileen Cannon, who expressed concern that its release could harm the due process rights of Mr. Trump’s two co-defendants — and former employees — Waltine Nauta and Carlos De Oliveira. The charges against them were dismissed, though, when Judge Cannon found that Mr. Smith was unlawfully appointed.

Mr. Smith appealed that ruling, but Mr. Trump ordered the Department of Justice to dismiss the case once he regained the White House. Meanwhile, Mr. Smith has emerged from a period of quiet to denounce Mr. Trump in a series of public appearances. The special counsel has declared that “what I see happening at the Department of Justice today saddens me and angers me.” He contends that any suggestion that he was motivated by politics is “absolutely ludicrous.”

Mr. Smith is also facing pressure from Republican lawmakers over “Operation Arctic Frost,” his investigation into Mr. Trump and the 2020 election. Mr. Smith obtained telephone metadata via search warrants from eight GOP senators and one congressman. The prosecutor also secured “do not disclose” orders meaning that the lawmakers were unaware that they were being surveilled. Republicans promise hearings related to that investigation early in the new year.