Former special counsel Jack Smith testified Thursday on Capitol Hill in the first of two congressional hearings ordered by Republicans to question him about his investigations into former President Donald Trump prior to Trump’s reelection.
Smith brought two separate criminal cases against Trump, but both were dropped after Trump won the November 2024 election. One case alleged Trump mishandled classified documents at his Mar-a-Lago residence in Florida. The other accused him of interfering in the 2020 election.
"I stand by my decisions as special counsel, including my decision to bring charges against President Trump," Smith told members of Congress.
The Justice Department has long held that a sitting president cannot be indicted, prosecuted or jailed in a criminal case. Both cases ended before Trump returned to office, and Smith subsequently resigned as special counsel.
Smith said that he made his decisions "without regard to President Trump's political association, activities or candidacy before the 2024 election."
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"Rather than accept his defeat in the 2020 election, President Trump engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power," Smith added.
Republicans questioned Smith in part over allegations that his team illegally obtained lawmakers’ personal data during the federal investigation into the Jan. 6, 2021, attack on the U.S. Capitol.
Senate Judiciary Committee Chair Chuck Grassley said Smith obtained cellphone records belonging to Sens. Lindsey Graham, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson, Cynthia Lummis and Marsha Blackburn. The committee said the FBI sought and obtained the senators’ phone data from Jan. 4–7, 2021, during 2023.
The senators were part of an investigation that led to Trump facing charges including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Rep. Kevin Kiley questioned Smith on seeking electronic data. Smith said he got approval to seek the subpoenas from the Public Integrity Section of the Department of Justice.
"The Public Integrity Section, in approving those subpoenas, noted the fact that the subpoenas were for records for people who were not targets of our investigation," Smith said.
Smith was appointed special counsel after serving as U.S. attorney for the Middle District of Tennessee for six months in 2017 during the Trump administration. He had previously served as an assistant U.S. attorney for the district starting in 2015.
