Former special counsel Jack Smith defended his investigations of President Donald Trump before the Senate Judiciary Committee Tuesday, saying he stands by his decision to prosecute Trump and “will not be silenced” by threats of prosecution. Some of the Republican lawmakers whose information was obtained during Smith’s investigation sit on the Senate Judiciary Committee and are questioning him themselves.
Smith is the only witness at the hearing. He also testified before the House Judiciary Committee in January about the two federal investigations that resulted in criminal charges against Trump.
Smith told senators his investigation developed “proof beyond a reasonable doubt” that Trump committed serious crimes and said he would make the same decision to prosecute a former president today, regardless of party.
“I made those decisions without regard to President Trump’s political association, activities, beliefs or candidacy in the 2024 presidential election,” he said.
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Republicans focus on lawmakers’ records
Senate Judiciary Chairman Chuck Grassley, R-Iowa, is pressing Smith about records gathered during Arctic Frost, the investigation into efforts to overturn the 2020 election.
Documents released by Grassley and House Judiciary Chairman Jim Jordan, R-Ohio, say Smith’s investigation obtained texts and messages involving 44 members of Congress. A separate House Judiciary report released last week says investigators subpoenaed phone records from more than a dozen Republican lawmakers.
The phone records did not include the content of the calls. They showed information about calls involving senators who spoke with Trump around Jan. 6, 2021.
Smith defended the subpoenas, saying they are common in criminal investigations and were needed to understand the scope of contacts between Trump and Republican allies around Jan. 6.
“I stand by my testimony before the House of Representatives,” Smith told senators. “I will not be silenced by the continued threats of prosecution from the president or others.”
Sen. Josh Hawley, R-Mo., has accused Smith of violating the Constitution’s Speech or Debate Clause, which protects members of Congress from being questioned about certain legislative activity. Grassley accused Smith’s team of targeting more than Trump, saying the election case involved “partisan agents and prosecutors mapping out the Republican apparatus.
Democrats defend the investigations
Democrats are defending Smith and accusing Republicans of trying to discredit his investigations.
Sen. Dick Durbin, D-Ill., the committee’s ranking Democrat, accused Republicans of spreading “baseless conspiracy theories” about Smith’s investigations and trying to “whitewash” Trump’s efforts to overturn the 2020 election.
“The aspersions cast on Mr. Smith, nonstop, are petty, personal and political,” Durbin said.
Smith says he’d bring charges again
Smith took over two existing Justice Department investigations after then-Attorney General Merrick Garland appointed him special counsel. One involved Trump’s efforts to overturn his 2020 election loss; the other involved classified documents kept at Mar-a-Lago. Both resulted in federal indictments.
Neither case reached trial. Both were dismissed after Trump won reelection because of Justice Department policy against prosecuting a sitting president.
Smith told senators Tuesday he would make the same decision again based on the same facts, regardless of whether the former president was a Republican or Democrat.
“The decision to bring charges against President Trump was mine, but the basis for those charges rests entirely with President Trump and his actions,” Smith said in January.
Trump has called for Smith himself to be prosecuted, writing on Truth Social in March: “Deranged Jack Smith should be brought to Justice, NOW!!!”
