Former special counsel Jack Smith defended his criminal prosecution of Donald Trump during a congressional hearing on September 29, 2026. He stated that the rule of law faces challenges unlike any experienced in recent history. Smith noted that he was compelled to halt two federal investigations into Trump following the Republican's re-election in November 2024. One investigation focused on attempts to overturn the 2020 presidential election results, while the other concerned the retention of classified documents after Trump left the White House in 2021.
In his testimony before the Republican-led Senate Judiciary Committee, Smith emphasized that his decisions as special counsel were made without regard to Trump's political affiliations or activities. He asserted, "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation." Smith reiterated similar points during previous hearings before the House Judiciary Committee in December 2025 and January 2026.
He expressed concern over the vilification of law enforcement personnel involved in the investigations since Trump resumed the presidency in January 2025. Smith stated, "I myself have been threatened with jail by the president of the United States," but expressed confidence that the rule of law would prevail due to the commitment of those within the legal system. Trump and his supporters have characterized Smith as a symbol of the alleged weaponization of the justice system under President Joe Biden's administration.