GOP Now Scared to Death to Release Jack Smith Video Depo

Summary

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Episode Overview

Title: GOP Now Scared to Death to Release Jack Smith Video Depo
Date: December 25, 2025
Podcast: Legal AF by MeidasTouch
Host: Michael Popok (joined in spirit by Ben Meiselas and Karen Friedman Agnifilo)
Theme:
This episode dives into Special Counsel Jack Smith’s explosive nine-hour deposition before the House Oversight and Judiciary Committees—testimony that reportedly lays out overwhelming evidence of Donald Trump’s crimes, including election interference and violations related to classified documents. The episode scrutinizes why the GOP-controlled committees are refusing to release the video deposition, the public’s right to transparency, and the broader implications for democracy and justice. Michael Popok leads a passionate, urgent discussion about the unprecedented secrecy surrounding this testimony, demanding the release of the video and contextualizing it alongside similar historic instances.

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Key Discussion Points & Insights

1. The Jack Smith Deposition: What Happened and Why It Matters

• Jack Smith gave nine hours of sworn testimony to the Oversight and Judiciary committees, presenting evidence that supports his case against Trump for:

  • Interfering with the 2020 election
  • Espionage Act violations
  • Obstruction of justice at Mar-a-Lago

• Unlike previous special counsels, Smith’s testimony was not delivered in a public hearing:

  • Robert Mueller (Russia probe), Robert Hur (Biden documents), and John Durham (Trump/Russia origins) all gave public testimonies.
  • Smith instead had to testify behind closed doors, over his own strenuous objections.

• Selective Leaks and Political Gamesmanship:

  • The GOP, particularly Rep. Jim Jordan, have been accused of selectively leaking or distorting Smith’s closed-door remarks while blocking the public release of the full video and transcript.
  • As Michael Popok remarked:

    "They did exactly what Jack Smith feared and his lawyers feared... They didn't release the video yet... until the public picks up pitchforks." (03:20)

• Jack Smith’s Stand:

  • Smith is actively demanding the release of the full videotape, seeking total transparency so the American people can judge his testimony for themselves.
  • Popok quotes Smith’s lawyers’ letter:

    “Mr. Smith respectfully requests the prompt public release of the full videotape... Doing so will ensure that the American people can hear the facts directly from Mr. Smith, not through secondhand accounts...” (10:48)

2. Smith’s Own Words: Context from Past Public Statements

• Historic Public Statement by Smith

  • Popok references—and plays—Smith’s earlier public address when the D.C. election interference indictment was unsealed:

    “The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment, it was fueled by lies, lies by the defendant targeted at obstructing a bedrock function of the US Government...”
    —Jack Smith (Special Counsel, 05:44)

• Smith’s Philosophy on Prosecution:

  • The show includes Smith discussing prosecutorial process and political interference:

    “Process shouldn’t be a political issue. Right? Like, if there’s rules in the department about how to bring a case, follow those rules. You can’t say, ‘I want this outcome. Let me throw the rules out.’” (09:00)

  • Smith’s blunt conclusion on career prosecutors dealing with improper orders:

    “They’re not going to do them.” (09:40)

3. The GOP's Reaction & The Push for Transparency

• Jim Jordan’s Fox News Appearance:

  • Jordan dismisses Smith’s testimony as “all political,” indicating his mind was made up before even listening:

    “Jack Smith testified for seven hours, and none of that time did it change my belief... that this was all political.” (10:41)

• Popok’s Call for Accountability:

  • Decries the lack of transparency, contrasts GOP actions with longstanding practice, and calls for public pressure to force release of the video and full reports.
  • Blames the House majority, Judge Cannon (for sitting on Volume 2 of the Mar-a-Lago report), and the current administration’s lack of urgency.

4. What Happens Next: Strategy & Public Action

• Legislative Moves:

  • Expect Jamie Raskin (Ranking Democrat) to demand a full investigation and the release of all relevant material.
  • Suggests the possibility of “shadow hearings” in Congress, calling in whistleblowers and Department of Justice veterans.

• Volume 2 of Mar-a-Lago Report:

  • Critiques Judge Cannon’s delay tactics; urges the public to demand its release alongside the Smith video depo.

• Importance of Public Pressure:

  • Popok encourages listeners to engage, participate, and amplify the call for transparency:

    "One of the things that we do here together so well on Legal AF... we need public pressure, public scorn of the Trump administration." (13:45)

• Broader Themes:

  • The fight isn’t just about one video—it’s about upholding transparency and the principle that justice must be seen to be done.

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Notable Quotes & Memorable Moments

• Michael Popok, on suppressed testimony:

  “We demand the videotape... It's not just about Epstein files transparency. It's about all of it.” (10:05)

• Jack Smith, on January 6 and democracy:

  "...They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people." (06:37)

• Popok, on the importance of public pressure:

  "The bigger we are, the more muscular we are, the more we're defended and protected against attempts to crush our First Amendment speech..." (14:30)

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Timestamps for Key Segments

• [01:59] – Popok explains the background: Jack Smith’s nine-hour testimony and why GOP is keeping it hidden.
• [03:20] – Critique of GOP’s selective leaking and public gaslighting.
• [05:35] – Clip: Jack Smith’s previously public remarks on the DC indictment and January 6.
• [07:31] – Popok on White House/DOJ, Epstein files, and selective transparency.
• [08:39] – Clip: Smith and legal analysts discuss the prosecutorial process and political meddling.
• [10:41] – Clip: Jim Jordan on Fox News, admitting his bias.
• [10:48] – Popok reads from the Smith legal team’s urgent request to release the deposition video.
• [11:40-14:00] – Discussion on congressional paths forward, shadow hearings, Judge Cannon, and the role of the public.
• [13:45] – Rallying call for listeners to act.
• [14:30] – Remarks on the importance of audience support in defending free speech.

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Final Thoughts

The episode is a robust, impassioned demand for government transparency and accountability at a politically fraught moment. It contextualizes Jack Smith’s suppressed testimony, the GOP's resistance, and the stakes for American democracy. The hosts urge listeners to stay vigilant, get involved, and use their voices to demand the release of crucial evidence in the Trump investigations. If you care about law, justice, or political transparency, this is an episode that crystallizes why these values matter.

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Transcript

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[Jack Smith (Special Counsel)]

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[Michael Popak]

Visit t mobile.com Special Counsel Jack Smith's not back. He never left. And now we know from a new letter from his lawyers that there is a nine hour videotape of him telling the House Oversight and Judiciary committees in nine hours of sworn testimony that Donald Trump is a criminal and that he had evidence to prove beyond a reasonable doubt that Donald Trump committed crimes to interfere with our election in 2020, that he had credible evidence that he committed espionage act violations and obstruction of justice at Mar a Lago. That's the nine hour videotape that the House MAGA don't want you to see. And now Jack Smith is pounding on a table to have it released for the American people. I'm Michael Popo. You're on Midas Touch and on Legal af. Marry whatever your holiday is. We're certainly happy and married to have you here and helping us continue to grow our channels. Legal AF YouTube hit 1 million over the weekend because. And we appreciate each and every one of you. Let's get to the Jack Smith story. We've heard from Jack Smith in the past. Jack Smith, although he's been gagged by MAGA and the MAGA house, who went into that nine hours of testimony behind closed doors over the objection, strenuous objection, of Jack Smith who demanded to be heard like every other special counsel. He's the only special counsel that didn't deliver a report in public under oath to a public hearing at the House. Robert, her and Biden and documents. There was a public hearing, right? Robert Mueller about whatever he was investigating. And Russia. And Russia and other things. And Donald Trump. There was a hearing. We all watched it. John Durham for Donald Trump about his investigations. There was a hearing. There was public hearings. Nope, not this time. Let's put them behind closed doors so that we can selectively leak. And then they did exactly what Jack Smith feared and his lawyers feared. Jack Smith went, gave a public statement, which we got a copy of, saying that he had evidence beyond a reasonable doubt, which is even the higher. It's a higher standard than is required under the Department of Justice manual to even bring the indictment. He's basically saying, I would prove it. And he's already absorbed the Supreme Court immunity decision. Even despite that, he said he could win his case. And exactly what they feared happened. They didn't release the video yet. They didn't release the transcript until the public picks up pitchforks and starts going after members of Congress who are holding it back. And then Jim Jordan goes on Fox News and says, I didn't hear anything to change my mind. Right, because your mind was already made up that this was a political witch hunt. You only focused on an aspect of Mar a Lago and the FBI search warrant. You did not comment at all about Jack Smith's. Other eight and a half hours of testimony proving his case against Donald Trump for the American people. That's what Jack Smith didn't want to have happen. He didn't want people to comment on his report, on his video testimony before they sought for themselves. But that's what happens. But Jack Smith has spoken out in the past. In fact, I keep saying this, and I'm. I pinch myself. And still up on the Department of Justice website is the video of Jack Smith presenting the indictment related to the D.C. election interference case. And here's a clip.

[Jack Smith (Special Counsel)]

Good evening. Today, an indictment was unsealed charging Donald J. Trump with conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. The indictment was issued by a grand jury of citizens here in the District of Columbia, and it sets forth the crimes charged in detail. I encourage everyone to read it in full. The attack on our nation's capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment. It was fueled by lies, lies by the defendant targeted at obstructing a bedrock function of the US Government, the nation's process of collecting, counting, and certifying the results of the presidential election. The men and women of law enforcement who defended the US Capitol on January 6th are heroes. They are patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States. Since the attack on our capital, the Department of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. This case is brought consistent with that commitment, and our investigation of other individuals continues. In this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens.

[Michael Popak]

Can't believe that's still up on the website. Now that we have the new reporting today coming out of Axios that the White House has taken over the Department of Justice's social media accounts and X accounts in order to clear and exonerate Donald Trump for anything found in the Epstein files. We've done our full investigation. In what, a microwave investigation overnight? You cleared Trump. How could you possibly clear Trump? What about the 1200 victims that are inside these files? What are you doing about them? Did you clear Bill Clinton about. Is that A phony hot tub photo? No, just everything about Donald Trump is either scandalous, spurious, groundless, fake. Right? Only, only Donald Trump's information in the repository is fake. Everybody else's is real. So now you got the, now you got the Department of Justice. Right. Who still has up on the website? Jack Smith. But that's not the only time he's spoken out loud. He gave a recent statement in response. He was overseas when he gave it. But knowing that he may be gagged and we'd never see the video, he started giving some interviews. And here's a clip of one, this.

[Legal Analyst/Commentator]

Latest prosecution of the former director of the FBI. You know, there's a process to secure an indictment. There's a process of predication, having some evidence before you do that here. And again, I only know what I see myself in the media. But the career prosecutors, the apolitical prosecutors who analyzed this said there wasn't a case. And so they brought somebody in who had never been a criminal prosecutor on day's notice to secure an indictment a day before the statute of limitations ended. That just reeks of lack of process. I think a lot of Americans do not see this as a political issue. Process shouldn't be a political issue. Right. Like, if there's rules in the department about how to bring a case, follow those rules. You can't say, I want this outcome. Let me throw the rules out. That's why, frankly, you see all these conflicts between the career apolitical prosecutors I worked with, because they're being asked to do things that they think are wrong, and because they're not political people, they're.

[Jack Smith (Special Counsel)]

Not going to do them.

[Legal Analyst/Commentator]

And I think that explains why. You've seen the resignations, you've seen people leave the department. It's not because they're enemies of one administration or the next. They worked through decades for different administrations. It's just they've been doing things apolitically forever. And when they're told no, you got to get this outcome no matter what. That is so contrary to how we were all raised as prosecutors. I think that's been the center of all the conflict.

[Michael Popak]

We demand the videotape. Let me read to you from the letter. Now, the letter is dated about five or six days ago, but let me read it to you because we just got our hands on it and just got disclosed. Here's what the letter says, sent by email to Jim Jordan. You know, and I'm going to show you. Let me show you first a clip of Jim Jordan in which he said I basically had my mind made up and I didn't hear anything in Jack Smith's testimony that changed my mind on Fox News. Let's play that clip.

[Legal Analyst/Commentator]

Well, Jack Smith testified for seven hours, and none of that time did it change my belief, as you said, Sean, that this was all political.

[Michael Popak]

Now, Jordan, we don't want to see you talking about it. We want to see the videotape. Here's what Lanny Brewer and Peter Koski, representing Jack Smith, wrote to Jamie Raskin, the Democratic ranking member. And Jim Jordan, our client testified before the committee for approximately nine hours regarding his investigation into President Trump's alleged unlawful retention of classified documents, obstruction of justice, and role in attempting to overthrow the results of the 2020 election. He, Mr. Smith welcomed this opportunity and to correct the many mischaracterizations about the work of the special counsel's office. And by the way, he's the special counsel. He's not the alleged purported supposed in, quote, special counsel that the Department of Justice likes to troll Jack Smith about in their filings. Mr. Smith respectfully request the prompt public release of the full videotape. There it is. Of the deposition. Doing so will ensure that the American people can hear the facts directly from Mr. Smith, not through secondhand accounts like Jim Jordan that we just heard. And he stands by his decision to prosecute. We need that transparency. It's not just about Epstein files transparency. It's about all of it. Now, what's going to happen is we're going to get the ranking Democrat on the committee, like Jamie Raskin, writing a letter to the House, to the Judiciary Committee's. Sorry. To the Department of Justice's inspector general demanding a full investigation about this, about the release of the videotape and why the reports shouldn't all be released. We've got Judge Cannon still sitting on volume two of the Mar A Lago report. Right. Which deals with Mar A Lago. Oh, I may get around to releasing it in, in, in February. I'm not quite sure yet, you know, doing the bidding of Donald Trump. But we need to hear from Jack Smith. Now, there are some ways around this. The minority Democrats can try to do some shadow hearings and bring in Jack Smith to testify. I can think of a handful of people. Erez Raveni, the whistleblower against the Department of Justice, should testify. You got 5,000 former Department of Justice personnel, 2,000 lawyers just since this administration started all chomping at the bit, champing at the bit to testify. Bring them in. Let's have a whole shadow oversight committee hearing. It Matters. You know, as I said, every special counsel but Jack Smith got the opportunity to speak directly to the American people. Except for Jack Smith. He got volume one about the D.C. election interference case. He got that out the door. That's available for reading, for your reading pleasure. That's out there along with the Jan6 report by the Jan6 committee. But just at the moment he was going to get volume two out, it was blocked by Judge Cannon. Then the, then the change in the administration happened. Merrick Garland left a love note for Pam Bondi. It's up to you now to release this file. And of course, she didn't release it. She buried it. It's not just release the Epstein files. It's release Jack Smith's volume two, a copy of it, sitting with Judge Cannon. And she's still jerking around with the American public about not releasing it. But it's important. It's an important chapter. We will finally, with pressure from this audience on Legal af, we will get this released. You know, I have on the show Senator Blumenthal, Senate Judiciary Committee, Jamie Raskin, the ranking member on the House Judiciary Committee. You know, we've had Senator Coons, there's so many different congresspeople and senators we've had on to put pressure, but we need public pressure, public scorn of the Trump administration. That's one of the things as a lightning rod, one of the things that we do here together so well on Legal af. I'm glad you're here. Just on the eve of a lot of people's holidays. I appreciate you being here. We're cranking out the content right through Christmas Day. No insult to people that celebrate, but we got a job to do here ourselves. And picking it back up, of course, on Friday. So a full slate of amazing interviews and other things all day tomorrow on Christmas and then we'll pick it back up as if we didn't skip a beat on Friday. 26 right in through New Year's and New Year's Eve and New Year's Day. So I'm glad you're here with us, sharing your holidays, your festivities with us on these important issues on Legal af. And thank you for those that helped getting us over the 1 million subscriber threshold. We're now moving towards 2 million, which we hope to get in 2026. The bigger we are, the more muscular we are, the more we're defended and protected against attempts to crush our First Amendment speech and our independence of thought and opinion that you come here for so become a part of our audience. It's all free. 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