Jack Smith faces Senate Judiciary questioning

Republicans focus on congressional records

Former special counsel Jack Smith will testify Tuesday before the Senate Judiciary Committee about his investigations of President Donald Trump and records obtained from Republican lawmakers and other people.

Grassley and House Judiciary Chairman Jim Jordan, R-Ohio, have issued reports stating that Smith obtained texts and messages involving 44 lawmakers and hundreds of other people. A House Judiciary Committee report released last week alleged that investigators improperly subpoenaed phone records from more than a dozen Republican members of Congress and failed to respect the separation of powers.

Sen. Josh Hawley, R-Mo., whose records were involved, said senators will question Smith about surveillance of lawmakers and possible violations of Justice Department procedures. Hawley and other Republicans contend that the investigation violated the Constitution’s speech or debate clause, which protects lawmakers from being questioned about legislative work.

Democrats seek answers under oath

Senate Judiciary ranking member Richard Durbin, D-Ill., said the hearing gives Smith an opportunity to answer the allegations under oath. Durbin said Smith had volunteered for more than a year to appear before the committee.

Sen. Peter Welch, D-Vt., described Republican criticism of Smith as part of a broader defense of Trump.

Smith previously testified before the House Judiciary Committee in January. Then-Attorney General Merrick Garland appointed him shortly after Trump announced his 2024 presidential campaign. Smith took control of two existing grand jury investigations that produced federal indictments, including a case concerning efforts to overturn Trump’s 2020 election loss. Both federal criminal cases were later dismissed.

Roll Call reported on the planned Senate hearing and the arguments expected from committee members.