Former US special counsel Jack Smith defended his investigations and prosecutions of Donald Trump during a tense Senate Judiciary Committee hearing on Sept. 29, rejecting Republican accusations that his work was politically motivated or involved an abuse of prosecutorial power.
Smith led two federal cases against Trump: one involving alleged efforts to overturn the results of the 2020 presidential ele`ction and another concerning the retention of classified documents at Trump’s Mar-a-Lago estate. Both cases were ultimately dismissed after Trump won the 2024 presidential election, in line with Justice Department policy concerning the prosecution of a sitting president.
During the hearing, Republican senators questioned Smith’s decision-making and accused his team of using investigative powers against Trump and Republican officials. Senate Judiciary Committee Chairman Chuck Grassley argued that Smith’s investigation went beyond Trump and improperly gathered information involving Republican lawmakers, officials and political organizations.
A major point of contention was Smith’s team obtaining phone records connected to several Republican members of Congress as part of the investigation into efforts to delay certification of the 2020 election results. Smith said the records were relevant to determining the scope of the investigation and corroborating evidence about contacts between Trump’s circle and lawmakers following the Jan. 6, 2021, Capitol attack.
Smith defended the subpoenas, saying investigators had concerns that notifying lawmakers could have allowed evidence to be destroyed or interfered with. The records generally showed the timing and duration of communications rather than the contents of the calls. He also said his office had consulted the Justice Department’s Public Integrity Section before obtaining the records.
Republican criticism became particularly heated when Sen. Eric Schmitt questioned Smith about whether he had attended an Atlanta Hawks basketball game in February 2024 and suggested the matter could indicate that Smith had been in Atlanta in connection with another Trump-related investigation. Smith initially said he had not attended a Hawks game, but later clarified that he had attended a basketball game involving the Iowa Hawkeyes. The exchange was subsequently identified as a confusion between the teams.
Smith also rejected accusations that his investigations were driven by partisan considerations. He said his decisions were based on the evidence and Justice Department policies, and that the same conduct would have warranted prosecution regardless of a president’s political party.
Democratic senators defended the legitimacy of Smith’s investigations and challenged Republican allegations about his conduct. They also questioned the dismissal or termination of members of Smith’s former investigative team after Trump returned to office.
Smith said the treatment of former members of his team was unprecedented in his career and argued that threats of prosecution could undermine the independence of federal investigators and prosecutors. He also said he would not be silenced by continued threats of prosecution.
The hearing provided Smith with a public opportunity to defend the investigations, while Republican lawmakers used the session to continue challenging the methods and legal basis of his work. Many details remained constrained by grand-jury secrecy and court restrictions surrounding the classified-documents case.
