Jack Smith Defends His Trump Investigations Before the Senate
Former special counsel Jack Smith testified before the Senate Judiciary Committee on Tuesday, September 29, 2026, about his handling of two federal investigations into Donald Trump.
A special counsel is a prosecutor appointed to work independently on a politically sensitive case. Smith brought two criminal cases against Trump in 2023. One concerned efforts to overturn the 2020 election. The other concerned mishandling of classified documents. Both cases were dismissed before they reached trial. The Guardian
The hearing took place in Hart Senate Office Building Room 216. It was titled "Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters." The committee listing placed it for 9:00am. Senate Judiciary Chairman Charles Grassley opened it as an oversight hearing covering Arctic Frost and Jack Smith's abuse of authority, according to the committee.
Republican questioning centered on investigative methods. Republicans accused Smith of subpoenaing phone records from members of Congress. A subpoena is a legal order to produce records. Smith said the orders were necessary to collect evidence that Trump called members of Congress to try to delay certification of the 2020 presidential election, the formal step that confirms the winner.
Sen. Ted Cruz of Texas alleged Smith targeted Republicans by requesting records from the Republican National Committee and other conservative lawmakers. Cruz told Smith, "Javert from Les Mis would look at you with astonishment."
Sen. Eric Schmitt of Missouri raised perjury allegations against Smith and called him a "dirtbag." Schmitt claimed Smith went to Atlanta to attend a Hawks game on 3 February 2024 and suggested Smith may have met with Fani Willis, the former Fulton County district attorney who brought state charges against Trump.
Smith denied ever attending an Atlanta Hawks game. He said he attended a University of Iowa Hawkeyes game in Maryland to watch Caitlin Clark play. Sen. Amy Klobuchar of Minnesota said Schmitt presented false information based on confusion about team names and said it deserved an apology.
Sen. John Kennedy of Louisiana asked Smith, "Do you believe in the Tooth Fairy?" and "How about the Easter Bunny?" Smith replied that he no longer believes in the Easter Bunny. Kennedy later told Smith, "You make me want to throw up in my mouth."
Smith told the Senate he will not be silenced by prosecution threats, as reported by Reuters. Sen. Cory Booker accused Republicans of "gaslighting" during the hearing.
The broader context here is the clash between congressional oversight and prosecutorial independence after a special counsel case ends without trial. The transcript will matter more than the exchanges. Questions about subpoenas for congressional phone records, contacts between federal and state prosecutors, and the scope of Arctic Frost turn on written authorizations and paper trails. The hearing aired competing accounts without resolving them. What may come next is further demands for documents and testimony, and continued dispute over where proper evidence collection ends and political targeting begins.
