The Rachel Maddow Show MS NOW's special report on the Jack Smith testimony: Prime Time recap Part 2
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Jan 23, 2026 
Jamie Raskin, a U.S. Congressman and constitutional law expert, shares insights on Jack Smith's testimony regarding Trump's investigations. Raskin addresses the complexities of First Amendment protections and the Republican strategies behind their actions. Jen Psaki and Chris Hayes join Raskin to analyze the significance of testimony from January 6th officers and the ongoing political maneuvering surrounding evidence and charges. The panel discusses the necessity of continued scrutiny and the risks of complacency in upholding democratic norms.
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Dismissed Cases Can Return
- Jack Smith said the indictments were dismissed without prejudice, meaning they can be refiled after Trump leaves office.
- Jamie Raskin noted legal and immunity hurdles still affect future prosecutions but nothing is impossible.
First Amendment Has Limits
- Jamie Raskin emphasized the First Amendment doesn't protect speech that facilitates crime, especially fraud.
- He cited Supreme Court precedent that speech used to facilitate criminal conduct is unprotected.
Use Committee Rules To Continue Oversight
- Invoke committee rules to secure further oversight when testimony is limited by court orders.
- Raskin used the Judiciary Committee's minority rule to demand a follow-up hearing when gag orders blocked testimony.