Former special counsel Jack Smith testified before the Senate Judiciary Committee on Tuesday, September 29, at 9 a.m. EDT. This hearing follows allegations from Republican lawmakers that Smith may have lied to Congress during his previous testimony regarding his investigation of President Donald Trump. Smith's lawyers have denied these allegations, asserting that he testified truthfully.
Rep. Jim Jordan, R-Ohio, chairman of the House Judiciary Committee, referred Smith to the Justice Department over claims that he made false statements in December during closed-door testimony about whether he had obtained records of lawmakers while investigating Trump's efforts to overturn the 2020 presidential election results.
The referral was based on an exchange where Smith was questioned about subpoenas for toll records of some Republican lawmakers. Smith confirmed that the toll records did not include the content of phone calls or text messages. However, Jordan's referral cited newly released records from Sen. Chuck Grassley, R-Iowa, indicating that Smith had obtained the contents of 44 lawmakers' text messages through a separate subpoena.
Jordan stated that Smith's responses were misleading, suggesting that his team did not have access to the content of members' privileged text messages, which he claims is now proven false. In response, Smith's lawyers characterized his answers as "unimpeachably truthful," emphasizing that he was specifically addressing questions about toll records, which do not contain text message content.
Criminal referrals from Congress do not have legal authority and do not compel prosecutors to act. However, the Justice Department has previously pursued investigations against individuals perceived as adversaries of the Trump administration. Smith has been a target of criticism from Trump, who has labeled him as "deranged" and called for his prosecution.
Smith's lawyers asserted that he provided truthful answers during his testimony and condemned the referral as an attempt to weaponize the justice system against a nonpartisan public servant. Smith previously testified before the House Judiciary Committee in January, where he discussed the evidence collected during investigations related to Trump, which led to indictments.
During that hearing, Smith defended his decisions to pursue charges against Trump for allegedly conspiring to overturn the 2020 election results and for hoarding classified documents at his Mar-a-Lago estate in Florida. He stated, "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity," and affirmed that he would prosecute a former president based on the same facts, regardless of party affiliation.
Smith resigned from the Justice Department in early 2025, shortly before Trump was inaugurated again.