Former Special Counsel Jack Smith appeared before the Senate Judiciary Committee on Tuesday to defend his investigations into former President Donald Trump, pushing back against Republican allegations that he abused his authority for political ends.
Testifying under oath, Smith insisted his team’s work strictly adhered to Justice Department policy and was driven solely by evidence. He categorically rejected claims that political considerations influenced the decision to bring unprecedented criminal charges against a former president.
“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation,” Smith told the panel.
A former war crimes prosecutor at The Hague, Smith was appointed special counsel in 2022 to independently examine allegations surrounding Trump’s conduct after leaving office. In 2023, his office returned two federal indictments: one charging Trump with conspiring to subvert the 2020 election, and a second regarding the mishandling of classified documents at Mar-a-Lago.
Separate prosecutions followed in New York, where Trump was convicted of falsifying business records to conceal hush-money payments during the 2016 campaign, and in Georgia, where he and allies were charged with attempting to overturn the 2020 election results in that state. The New York case remains the only one to reach trial and result in a conviction; the federal cases were dismissed after Trump won the 2024 presidential election, consistent with the Justice Department’s longstanding policy against prosecuting a sitting president. Smith resigned shortly before Trump’s second inauguration in January 2025.
Trump has consistently denied all charges, characterizing the prosecutions as a politically motivated “witch hunt” orchestrated by Smith and the Biden administration.
Much of Tuesday’s hearing centered on the scope of Smith’s investigative tactics. Republicans, led by Committee Chairman Chuck Grassley, zeroed in on subpoenas that seized phone records linked to members of Congress and financial data from Republican donors and organizations. Grassley accused Smith’s team of using the probes to “map out and target the entire Republican Party.”
Smith maintained that his office had an obligation to pursue all relevant evidence. He defended the collection of lawmakers’ call logs—specifically metadata showing the time and duration of calls, not their content—as necessary to corroborate evidence that Trump and his allies contacted legislators in a bid to delay the certification of the 2020 election results.
Senator Ted Cruz, whose records were among those obtained, pressed Smith on why the targets of the subpoenas were not notified. Smith replied that prosecutors feared disclosure would have allowed Trump and his associates to destroy evidence or obstruct the investigation.
“Is it a crime to be a Republican?” Cruz asked pointedly.
“Absolutely not,” Smith responded.
He added that his office consulted the Justice Department’s Public Integrity Section before seeking the records. Critics have noted that no statute prohibited obtaining such metadata during the course of a valid criminal investigation.
Beyond defending his past decisions, Smith used the hearing to accuse the current administration of retaliating against the career prosecutors and FBI agents who staffed his team. He stated that several members had been fired simply for “doing their jobs,” prompting legal challenges.
In March, three former FBI agents who worked on the election interference investigation filed a class-action lawsuit alleging they were illegally terminated as part of a “retribution campaign.” The suit seeks their reinstatement.
Smith, who said he has personally been threatened with imprisonment by Trump, framed the scrutiny of his work as a broader assault on the independence of the Justice Department.
“As I appear before you today, it is my belief that the rule of law faces challenges unlike any we have experienced in our lifetime,” Smith said. “I will not be silenced by continued threats of prosecution from the president or others.”
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