'The View' Co-Host Sunny Hostin Accuses Trump of Clinging to Presidency to 'Avoid Going to Jail'
Sunny Hostin accused Donald Trump of running for president to 'avoid going to jail.'
Jan. 23 2026, Published 4:55 p.m. ET
Sunny Hostin has accused Donald Trump of exploiting the presidency to avoid being thrown behind bars, RadarOnline.com can reveal.
The View co-host issued the claims against Trump, 79, after former special counsel Jack Smith publicly testified before Congress on Thursday, January 22.
Smith maintained his decision to indict Trump – who was investigated for his efforts to overturn the results of the 2020 election and missing classified documents found at Mar-a-Lago after he left office in 2021 – was purely based on facts and not politically motivated.
'The View' Discusses Jack Smith's Public Testimony
The panelist discussed Jack Smith's testimony and whether it would have any impact on holding Trump accountable.
"Here's something for you, former special counsel Jack Smith testified in front of the House Judiciary Committee yesterday, and he told them that he has the goods to prove Trump broke the law," said co-host Joy Behar before a clip of Smith's testimony played.
"After leaving office in January of '21, President Trump illegally kept classified documents at his Mar-a-Lago social club and repeatedly tried to obstruct justice to conceal his continued retention of those documents," Smith said. "Highly sensitive national security information was held in a ballroom and bathroom."
"If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Democrat or a Republican," the ex-special counsel noted.
Joy Behar Demands to Know Why Trump Isn't in Jail
Smith insisted his indictment of Trump was not politically motivated.
"I have seen how the rule of law can erode," Smith added. "My fear is that we have seen the rule of law function in our country for so long, that many of us have come to take it for granted."
After the clip played, Behar noted Trump was active on Truth Social while Smith was testifying before Congress and claimed the former special counsel was being "decimated" by Republican committee members.
Behar pondered whether Smith's damning testimony would "have any impact" because asking, "Why isn't Trump in jail is what I want to know."
Sunny Hostin Accuses Trump of Using Presidency to 'Avoid Going to Jail'
Hostin accused Trump of running for office to avoid going to jail.
"Because he won the election and 75million still voted for him despite the facts," quipped Alyssa Farah Griffin, who worked in Trump's first administration and testified before the House Select Committee investigating the January 6 insurrection at the Capitol.
While Behar noted "no one is above the law," Hostin explained "policy is such that you cannot indict or prosecute a sitting president," prompting Behar to ask "when did that happen?"
"It's been DOJ policy for a long time," Hostin said before accusing Trump of using the longstanding policy as a shield for his alleged crimes.
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Hostin cited the DOJ's longstanding policy against indicting or prosecuting a sitting president.
"I've said this before: I really do believe that the reason President Trump ran for the office of the presidency again is because he wanted to avoid going to jail," added Hostin as the audience clapped with approval.
Behar pointed to former President Richard Nixon resigning over the Watergate scandal before asking "why doesn't this guy quit?"
Sara Haines claimed Trump's "not afraid of anything" because "he hasn't been held accountable."
"He's been saying since he came down the escalator he could shoot someone and he could get away with it," she added.
