Former special counsel Jack Smith is set to testify before the Senate Judiciary Committee on Tuesday, where he is expected to defend his criminal investigations of President Donald Trump amid Republican accusations that he abused his authority.
Smith brought two federal criminal cases against Trump. One concerned Trump’s alleged efforts to overturn his 2020 election defeat, while the other involved his alleged retention and handling of classified documents after leaving the White House.
Trump denied wrongdoing in both cases. Neither case ultimately went to trial, and after Trump won the 2024 presidential election, Smith moved to dismiss the federal charges in accordance with longstanding Justice Department policy against prosecuting a sitting president.
In prepared remarks for Tuesday’s hearing, Smith is expected to stand by his decision to prosecute Trump and reject Republican allegations that his investigations were politically motivated.
“I stand by my decisions as Special Counsel, including my decision to bring charges against President Trump,” Smith says in his prepared statement. He adds that his decisions were made without regard to Trump’s political affiliation, activities, beliefs or 2024 presidential candidacy.
Smith also says he would make the same prosecutorial decision if presented with the same facts involving a former president from either political party.
Republican lawmakers are expected to focus heavily on Smith’s investigative methods, including his team’s acquisition of phone records involving Republican members of Congress during the investigation into efforts to overturn the 2020 election. The records at issue included call logs rather than the content of conversations.
Senate Judiciary Committee Chairman Chuck Grassley has accused Smith of abusing his authority and politically targeting Republicans. Smith has rejected those allegations, maintaining that his investigations followed Justice Department policies and were based on evidence rather than political considerations.
Trump has repeatedly called for Smith to face prosecution. No criminal charges have been filed against the former special counsel, although the Justice Department has been scrutinizing aspects of his investigations.
Tuesday’s appearance will mark Smith’s first testimony before a Senate committee and comes after previous closed-door and public testimony before the House Judiciary Committee.
