The Republican-led House Judiciary Committee issued a subpoena Dec. 3 to former special counsel Jack Smith, who led prosecutions against President Donald Trump while he was out of office.

In a letter sent to Smith and posted on social media, Chair Jim Jordan, R-Ohio, said he was issuing the subpoena for Smith to testify at a deposition Dec. 17, and is also seeking documents from the former official as part of a review of the Trump prosecutions. A deposition is a formal legal process for testimony under oath that typically takes place in a private setting.

In a statement provided to USA TODAY, Smith lawyer Peter Koski said his client offered weeks ago to voluntarily answer lawmakers' questions about his investigations at a public hearing.

"We are disappointed that offer was rejected, and that the American people will be denied the opportunity to hear directly from Jack on these topics," Koski said. "Jack looks forward to meeting with the committee later this month to discuss his work and clarify the various misconceptions about his investigation.”

Trump said on Dec. 3 that he'd "rather see [Smith testify] probably at a hearing" instead of in a deposition.

The Democrats on the House Judiciary Committee posted Trump's response on X saying: "We agree with @POTUS on this key point: Jack Smith should testify at a public hearing for the world to see."

Smith brought charges against Trump in two separate cases, one alleging Trump mishandled classified documents and a second alleging he tried to unlawfully overturn the 2020 presidential election results. Trump pleaded not guilty in both cases, and Smith dropped them after Trump won the 2024 election, citing a Justice Department policy against prosecuting sitting presidents.

The subpoena comes alongside efforts by the Justice Department under Trump to investigate various individuals who have investigated or criticized the president.

After Trump posted on social media Sept. 20 that former FBI Director James Comey and New York Attorney General Letitia James should be criminally charged, the department secured indictments from grand juries against both Trump rivals. A judge dismissed both indictments Nov. 24, ruling that the prosecutor who secured the charges, a former personal lawyer to Trump, wasn't lawfully appointed.

Comey headed the FBI at the beginning of Trump's first presidential term, when the bureau was investigating potential contacts between the 2016 Trump presidential campaign and the Russian government. After Trump fired Comey, he became a major critic of the president.

James brought a civil lawsuit against Trump in 2022, arguing that he inflated the value of his assets for years to get better loan terms. A judge in that case agreed and hit Trump with a financial penalty that grew to about $500 million, including interest. An appeals court later upheld the fraud finding but threw out the financial penalty, deeming it excessive. James' office has appealed that ruling.

This article originally appeared on USA TODAY: House committee subpoenas Trump prosecutor Jack Smith to testify

Reporting by Aysha Bagchi, USA TODAY / USA TODAY

USA TODAY Network via Reuters Connect