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Smith’s Oath Amnesia Ignites GOP Fury Over Trump Probe Legitimacy

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  • 01/23/2026
During his public testimony before the House Judiciary Committee on January 22, 2026, former Special Counsel Jack Smith faced pointed questions from Rep. Lance Gooden about the details of his swearing-in following his appointment in November 2022. Smith repeatedly stated that he did not recall the specifics of the ceremony, including who administered the oath or the exact manner in which it was conducted, despite Gooden’s insistence that such a significant event should be memorable. This exchange occurred during Smith’s first public appearance before Congress, where he defended his investigations into former President Donald Trump, emphasizing that no one is above the law. Smith’s inability to remember these details drew scrutiny, with Gooden describing it as “odd” and pressing for more information on the process.

The testimony revealed that Smith had taken the oath of office twice: once shortly after his appointment while he was in Amsterdam, and again on September 14, 2023. When asked why a second swearing-in was necessary, Smith admitted he did not know the reason and could not recall discussing the matter with Attorney General Merrick Garland or others at the Justice Department. In a prior deposition, Smith similarly stated he did not remember who swore him in during the initial remote ceremony, highlighting the informal or unmemorable nature of the process amid his overseas location at the time. This lack of recollection extended to whether the oaths were signed, witnessed, or involved any specific protocols.

Republicans on the committee used Smith’s hazy memory to question the legitimacy and thoroughness of his appointment, suggesting it reflected broader issues with his role as special counsel. Despite the back-and-forth, Smith maintained that he had indeed been properly sworn in and focused on upholding his duties impartially. The episode has fueled discussions about the administrative aspects of high-profile appointments, with some critics arguing it underscores potential oversights in the Justice Department’s procedures, while supporters view it as a minor detail irrelevant to the substance of his investigations.

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