Jack Smith Defends Investigations into Trump During Senate Hearing

Former Special Counsel Jack Smith defended his investigations of President Donald Trump during a United States Senate hearing, where Republican lawmakers accused him of abusing his authority. On September 29, 2026, Smith told the Senate Judiciary Committee that his investigations adhered to Justice Department policy and were evidence-based. He rejected claims that political factors influenced his decision to bring criminal charges against Trump, who is the first U.S. president to be indicted. "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation," Smith stated. Smith, a former war crimes prosecutor at The Hague, was appointed special counsel in 2022 to investigate allegations regarding Trump's conduct after his first presidential term. In 2023, Smith brought two criminal indictments against Trump: one related to alleged attempts to subvert the 2020 presidential election and another concerning his handling of classified documents while out of office. Additionally, two further indictments were filed against Trump, one in New York for falsifying business records during his 2016 campaign and another in Georgia regarding efforts to overturn the 2020 election results. Only the New York indictment proceeded to trial, resulting in felony convictions, while the other cases were dropped after Trump was re-elected in 2024. Smith resigned shortly before Trump's second inauguration in January 2025, as the Justice Department has a policy against prosecuting sitting presidents. Trump has denied all charges and accused Smith and former President Joe Biden of conducting a political "witch-hunt" against him. During the hearing, Republicans questioned Smith's investigative methods, including subpoenas that obtained phone records of Congress members and financial information from Republican donors. Committee Chairman Chuck Grassley accused Smith's team of using investigations to target the Republican Party. In response, Smith asserted that his office had a responsibility to pursue relevant evidence. He defended the acquisition of phone records, stating they corroborated evidence that Trump and his allies contacted Congress members to delay the certification of the 2020 election results. Texas Senator Ted Cruz, whose records were among those sought, questioned Smith about the lack of notification to lawmakers regarding the subpoenas. Smith explained that prosecutors feared evidence could be destroyed if the subpoenas were disclosed. Smith also accused the Trump administration of retaliating against prosecutors and agents involved in the investigations, arguing that members of his team were fired for performing their duties. In March, three former FBI agents who investigated Trump's actions filed a class-action lawsuit claiming illegal termination as part of a "retribution campaign." Smith described the scrutiny of his work as part of a broader challenge to the independence of the Justice Department, stating, "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." He emphasized that he would not be silenced by threats of prosecution from Trump or others.