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Former special counsel Jack Smith testifies before Senate Judiciary Committee

Former special counsel Jack Smith will testify before the Senate Judiciary Committee at 9 a.m. ET. Follow for live updates.

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前特别检察官杰克·史密斯在参议院司法委员会作证

Former special counsel Jack Smith will testify before the Senate Judiciary Committee at 9 a.m. ET. The committee said the hearing will examine his alleged “abuse of authority” and targeting of Republicans.

Smith is expected to be questioned about not divulging that his office had seen the content of members’ text messages sent to White House staffers around the 2020 election and obtained through the White House phones.

Smith has confirmed that his special counsel’s office sought records from phone companies of members of Congress’ call logs — an effort that’s lawful and typical of federal criminal investigations, but which members have heavily criticized.

Judiciary Committee Chairman Chuck Grassley also has released several rounds of documents from Smith’s investigation over the past year, accusing him of conducting an improper probe.

"I will not be silenced," Special Counsel Jack Smith will tell Senate panel

Jack Smith, the former special counsel who twice indicted the president, will tell senators on Tuesday that he continues to “stand by” his decision to prosecute Donald Trump.

“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 Republican or a Democrat,” Smith will say, according to a copy of his prepared remarks.

His testimony before the Senate Judiciary Committee will address his investigations into Trump’s retention of classified documents at Mar-a-Lago and his efforts to overturn the 2020 election. Both cases were dismissed before trial.

Trump has denied wrongdoing and, along with his allies, has portrayed Smith’s investigations as politically motivated. But Smith will reject that characterization, saying the charges “were the result of the evidence.”

Smith will also warn that Trump’s attacks are weakening the justice system. People are “threatened with criminal investigation because they are perceived to have opposed the President,” he will say, and career employees who worked on his investigations were fired because of their “unwavering commitment to the fair and impartial administration of justice.”

“I will not be silenced by the continued threats of prosecution from the President or others,” Smith will say.

Smith appeared before the House Judiciary Committee earlier this year

Al Drago/Getty Images

Former special counsel Jack Smith, who brought two now-defunct criminal cases against President Donald Trump, defended the integrity of his investigation during a combative hearing on January 22 on Capitol Hill.

Making his first public appearance before lawmakers, Smith pushed back against Trump’s claims that he was a crooked prosecutor during a hearing that devolved into a partisan Rorschach test about Trump’s actions after losing the 2020 election.

“I am not a politician, and I have no partisan loyalties,” Smith told the House Judiciary Committee. “My career has been dedicated to serving our country by upholding the rule of law … I stand by my decisions as special counsel, including my decision to bring charges against President Trump.”

While Smith was testifying, Trump called him a “deranged animal” in a social media post, and also said he hopes then-Attorney General Pam Bondi “is looking at” supposed misconduct by Smith because “a big price should be paid.”

More on Smith’s background: From 2022 to 2025, Smith led the special counsel’s office at the Justice Department that investigated Trump’s attempts to overturn the 2020 election, and his potential mishandling of classified government documents.

He eventually filed federal charges against Trump in both investigations. But Smith withdrew both cases after Trump’s 2024 election victory, citing longstanding Justice Department rules against prosecuting a sitting president.

Senate Republicans allege Smith abused authority and targeted GOP members

Elizabeth Frantz/Reuters/File

Former special counsel Jack Smith is scheduled to testify publicly before the Senate Judiciary Committee today — nearly two months after agreeing to appear.

Smith has been under oath on Capitol Hill previously, where he was highly critical of President Donald Trump and defended his investigation fully as within the law and Department of Justice policy. He also has declined to answer specific questions that may divulge grand jury information from his office’s work and sealed details of the Mar-a Lago classified documents case against Trump.

He has also confirmed that his special counsel’s office sought records from phone companies of members of Congress’ call logs — an effort that’s lawful and typical of federal criminal investigations, but which members have heavily criticized. Recently, House Judiciary chairman Jim Jordan asked the DOJ to potentially prosecute Smith for not divulging on the Hill that his office had seen the content of members’ text messages sent to White House staffers around the 2020 election and obtained through the White House phones.

Judiciary Committee Chairman Chuck Grassley has also released several rounds of documents from Smith’s investigation over the past year, accusing him of conducting an improper probe and fueling Jordan’s complaint.

Smith and his lawyers maintain he has done nothing wrong, and the Justice Department has levied no charges.

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