Full Breakdown
Jack Smith Defends Trump Probes in Contentious Senate Hearing
By Drooid · · How we work
Core Event
On September 29, 2026, the Senate Judiciary Committee held a hearing in which former special counsel Jack Smith defended the two federal investigations he led against former President Donald Trump—one concerning alleged efforts to overturn the 2020 election and the other involving the mishandling of classified documents. Republican leaders, headed by Committee Chairman Chuck Grassley, accused Smith of abusing prosecutorial authority, targeting Republican officials, and even perjuring himself about a February 3, 2024, basketball game.
Background & Context
Smith was appointed special counsel in 2022 by then-Attorney General Merrick Garland to take over existing grand-jury probes into Trump’s post-presidential conduct. In 2023 his office secured indictments in both the election-interference and classified-documents cases; the charges were dismissed after Trump won the 2024 election because DOJ policy bars indicting a sitting president. Smith resigned in January 2025, but Republicans have pursued oversight through House and Senate hearings and a criminal referral by Rep. Jim Jordan.
Data & Statistics
- Subpoenas obtained “toll records” (call date, time, duration) for dozens of Republican senators surrounding the January 6, 2021 Capitol attack.
- Senate Republicans disclosed that the same investigative effort also captured text-message metadata for 44 lawmakers and financial information on 42 Iowa donors to Trump’s campaign.
- According to Senator Ted Cruz, the probe issued 197 subpoenas to individuals, 163 to businesses, and sought records on at least 430 Republican individuals and entities.
Official Statements & Responses
- Smith asserted that his investigations adhered to Justice Department policy and were driven by evidence, stating: “Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation.”
- He explained that the phone-record subpoenas were “non-content records” essential for mapping contacts between Trump, his allies, and members of Congress on January 6, 2021.
- “I made those decisions without regard to President Trump's political association, activities, beliefs or candidacy in the 2024 presidential election,” Smith said.
- “Mr. Smith’s operation was a partisan weapon that broke the rules, lied to the court, and engaged in bad faith throughout his operation,” – Chuck Grassley, committee chairman
- Cruz challenged the legality of the subpoenas, asking, “Is it a crime to be a Republican?”
Criticism & Opposition
- Grassley and other Republicans argued that Smith’s team issued subpoenas broadly across the party, citing the volume of requests.
- Senator Eric Schmitt alleged perjury, presenting (then withdrawn) text messages that he claimed proved Smith attended an Atlanta Hawks game on February 3, 2024. Smith denied ever being in Atlanta and said he attended a University of Maryland women’s basketball game featuring the Iowa Hawkeyes.
- “I would just say, for a US senator to have false information, and imply, based on a confusion about the name of a team … that you were in another city, that you were somehow involved, that day, in what was happening in Georgia, and then call you a ‘dirtbag’, is something that deserves an apology,” – Amy Klobuchar
Conflicting Reports & Gaps
- Republicans claim Smith’s investigators accessed the content of lawmakers’ text messages; Smith maintains only toll-record metadata were obtained and that any text content was reviewed under a separate filter process.
- The perjury allegation hinges on the accuracy of the text-message evidence and whether Smith’s attendance at the Maryland game satisfies the subpoena’s relevance; no independent verification of the alleged texts has been released.