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Former U.S. Justice Department special counsel Jack Smith stated in sworn testimony that Donald Trump privately acknowledged losing the 2020 presidential election to Joe Biden, according to a newly released transcript from the U.S. House Judiciary Committee. The testimony adds new detail to one of the most controversial investigations in modern U.S. political history and has reignited debate over Trump’s post-election actions and claims.
The Republican-controlled House Judiciary Committee released 255 pages of Smith’s closed-door testimony, given in mid-December, in which he defended his investigations into Trump. These disclosures followed months of criticism from Republican lawmakers and Trump-era Justice Department appointees who have sought to undermine Smith’s work and portray it as politically motivated.
During the testimony, Smith was asked whether Trump ever acknowledged to others that he had lost the 2020 election. Smith responded affirmatively, citing statements Trump allegedly made in front of other individuals. According to the transcript, Trump reportedly said, “It doesn’t matter if you won or lost the election. You still fight like hell,” and, in another instance, remarked, “Can you believe I lost to this f’ing guy?” referring to Joe Biden. Smith told lawmakers he viewed these remarks as admissions that supported the broader findings of his investigation.
Publicly, Trump has repeatedly and falsely claimed that the 2020 election was stolen. Those claims fueled the January 6, 2021, attack on the U.S. Capitol, when his supporters attempted to block Congress from certifying the election results. After returning to office for a second term in January 2025, Trump issued pardons to individuals convicted for their roles in the Capitol riot.
Smith and his team secured indictments against Trump in 2023 related to the alleged mishandling of classified documents and efforts to overturn the 2020 election results. Both cases were later dropped after Trump won the 2024 election, in line with longstanding Justice Department policy barring the prosecution of a sitting president.
Smith has consistently maintained that his investigations followed DOJ rules and were not driven by politics. The White House has not issued an immediate response to the testimony.
