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Former special counsel Jack Smith told senators Tuesday that he would not be intimidated into silence by threats of prosecution as Republicans pressed him over his investigations of President Donald Trump.
Smith appeared before the Senate Judiciary Committee as the Trump administration pursues investigations and disciplinary actions involving federal officials who worked on cases against Trump, including Smith’s probes into Trump’s efforts to overturn the 2020 election and his handling of classified documents after leaving office.
“I will not be silenced by continued threats of prosecution,” Smith said in his opening statement.
Smith defended his decision to charge Trump, saying his investigations uncovered evidence that supported criminal charges and that prosecutors must apply the law regardless of a subject’s political status.
“The status, power, prominence or political affiliation of the subject of an investigation must play no role in the decision to investigate, prosecute or decline to prosecute,” he said.
Smith’s two federal cases against Trump were ultimately dismissed after Trump returned to the White House. Trump has denied wrongdoing.
Republicans accuse Smith of political targeting
Judiciary Committee Chairman Chuck Grassley, R-Iowa, accused Smith of abusing his authority and targeting Republicans while using taxpayer-funded investigative powers.
“Jack Smith’s corrupt operation undermined the rule of law and threatened our very political institutions,” Grassley said, describing the hearing as an effort to expose what he called the “weaponization” of the Justice Department during the Biden administration.
The hearing quickly became heated.
Sen. John Kennedy, R-La., opened his questioning by asking Smith to define “arrogant” and later told him, “You make me want to throw up in my mouth.”
Sen. Eric Schmitt, R-Mo., called Smith a “dirtbag” while questioning whether he had communicated with former Fulton County District Attorney Fani Willis.
Schmitt also suggested Smith had lied about attending an Atlanta Hawks game. Smith said he had instead attended an Iowa Hawkeyes basketball game.
Sen. Amy Klobuchar, D-Minn., said Schmitt owed Smith an apology, but he did not offer one.
Smith stands by election case
Smith said his investigation into Trump’s efforts to overturn his 2020 election defeat produced evidence that, in his view, established serious crimes beyond a reasonable doubt.
He has previously said he believes a jury would have convicted Trump had the case gone to trial.
Smith’s final report also concluded that Trump helped inspire his supporters to commit violence at the U.S. Capitol on Jan. 6, 2021. Trump pleaded not guilty in the federal case and has denied inciting the attack.
After returning to office, Trump granted clemency to hundreds of people charged or convicted in connection with the Jan. 6 riot.
Democrats defended Smith and criticized the continued scrutiny of officials who investigated Trump.
Sen. Cory Booker, D-N.J., said federal law enforcement officials had been fired, investigated and publicly attacked for carrying out their duties.
Trump administration investigations continue
The hearing comes as the Trump administration examines the conduct of federal officials involved in past investigations of the president.
The administration launched a broad investigation into federal law enforcement activity dating back to 2016. Critics have questioned the scope of the probe, including whether some potential allegations fall outside the typical federal statute of limitations.
Justice Department and FBI officials involved in previous Trump investigations have also been removed or pushed out of their positions.
Defense attorneys for current and former officials recently told a federal court that Justice Department officials appeared interested in examining the circumstances surrounding the FBI’s 2022 search of Trump’s Mar-a-Lago estate, where agents recovered classified documents.
Joe diGenova, who previously led the broader investigation, left the Justice Department this month. He later told NBC News that tensions within the department contributed to his departure.
Classified documents case remains sealed
Smith did not discuss his investigation into Trump’s handling of classified documents because a federal judge has blocked the release of that portion of his final report.
The Justice Department has said answering questions about that investigation could violate the court’s order.
Smith previously testified before the House Judiciary Committee that he expected the Trump administration and its allies to pursue him criminally. On Tuesday, he again rejected the idea that the prospect of prosecution should affect how he discusses his work.
His testimony underscored the continuing political and legal battle over the investigations that once placed Trump at the center of two federal criminal cases — and now have put some of the investigators themselves under scrutiny.
