Former special counsel Jack Smith testified before the Senate Judiciary Committee on September 29, 2026. He strongly defended his decision to prosecute former President Donald Trump. Facing sharp criticism from Republican lawmakers, Smith maintained that his investigative team operated without political bias. He added that they established clear legal proof regarding criminal acts.
Addressing committee members during the high-stakes hearing on Capitol Hill, Smith emphasized the strict legal standard behind the indictments. “We developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation,” Smith stated in his opening remarks. He rejected accusations of selective or partisan enforcement.
Partisanship Accusations and Heated Exchanges
The hearing featured intense clashes between lawmakers and the former special counsel. Sen. Chuck Grassley, the Judiciary Committee’s chairman, accused Smith of taking “partisanship to a new level.” Grassley highlighted findings from his own investigation. He noted that Smith’s team obtained more than 4,700 donor checks and gathered extensive personal communications, effectively mapping out parts of the Republican political apparatus.
A particularly contentious moment arose when Missouri Republican Sen. Eric Schmitt pressed Smith. Schmitt asked whether Smith had attended an Atlanta Hawks NBA game in February 2024 around the time Fulton County District Attorney Fani Willis faced scrutiny. Smith firmly denied attending the game. When Schmitt displayed a poster board with text messages to accuse Smith of perjury, Sen. Amy Klobuchar intervened. It was revealed that Schmitt had confused the Atlanta Hawks with a women’s college basketball game. Smith had attended that game between the University of Iowa Hawkeyes and Maryland Terrapins to watch star player Caitlin Clark.
Defense of Election Case and Republican Witnesses
During questioning by Sen. Chris Coons, Smith defended the integrity of his 2020 election probe. He pointed out that his most pivotal witnesses were prominent Republicans who resisted efforts to alter election results.
- Rusty Bowers: The former speaker of the Arizona House who opposed plans to substitute legitimate electors with alternative slates.
- Mike Pence: The former vice president who refused demands to reject certified electoral votes from key battleground states.
Smith argued that these figures served as the primary firewall preventing the subversion of the rule of law. He demonstrated that the investigation relied on conservative voices within the party rather than partisan actors.
Obtaining Phone Records and Safeguarding Institutions
Sen. Dick Durbin, the panel’s top Democrat, questioned Smith regarding his team’s subpoena of non-content phone records. These records included information from various individuals, such as members of Congress. Smith explained that these toll records were crucial. They helped establish the conspiracy timeline and showed how Trump and his co-conspirators attempted to leverage the events of January 6, 2021, to delay official congressional proceedings.
Smith also issued a strong warning regarding the current state of legal institutions. He criticized the Justice Department’s subsequent treatment and firing of investigators who worked on his team, calling the purge an “outrage.” He concluded by warning lawmakers that democratic norms and the rule of law face unprecedented challenges when public servants are targeted for simply enforcing statutory obligations.
