Former special counsel Jack Smith faced sharp questioning from Senate Republicans on Tuesday over his investigations into former President Donald Trump, with GOP lawmakers alleging the probes were politically driven and scrutinizing Smith’s collection of donor and media records.
The hearing highlighted deep partisan divides over the Biden administration’s handling of investigations into Trump, with Republicans accusing Smith of political retribution and Democrats defending the integrity of the process.
Smith appeared voluntarily before the Senate Judiciary Committee to discuss his investigations, which included charges related to Trump’s handling of classified materials and his efforts to challenge the 2020 election. Neither case was prosecuted. The hearing followed a lengthy review by the committee into Smith and the Department of Justice’s inquiries.
GOP Criticism of Smith’s Methods
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, revealed that Smith’s team had subpoenaed approximately 5,000 checks from small-dollar Republican donors, including 42 checks from Iowans. Grassley argued there was "no legitimate basis" for the collection of these records, stating the list included donors from every state represented on the committee. Grassley also disclosed that Smith’s investigation obtained communications between government sources and journalists from outlets such as Fox News, CNN, CBS, The Wall Street Journal, and others, a detail corroborated by Fox News reporting.
Sen. Marsha Blackburn, R-Tenn., called Smith’s investigation a "witch hunt" and said, "It wasn't about law and order. It was about political retribution and making people pay, making them suffer, building this file, and it is going to be imperative that Jack Smith be held to account for what he did, because we never ever want this to happen to another American."
Sen. John Kennedy, R-La., criticized Smith’s claim of nonpartisanship, telling him, "You make me want to throw up in my mouth," after Smith insisted he acted without political bias. Sen. Ted Cruz, R-Texas, accused Smith of bringing the Department of Justice "into disrepute" and called his conduct "the most egregious abuse of power in the history of the Department of Justice."
"I've been watching this whole hearing. I've watched everything you said. I noticed that you began by saying, 'I have no partisan loyalty,' and you repeated over and over and over, there's nothing in your investigation about politics. That's hilarious."
— Sen. Josh Hawley, R-Mo.
Sen. John Cornyn, R-Texas, pressed Smith on the unprecedented nature of the probe, asking if there had ever been a case where an incumbent president’s attorney general appointed a special counsel to investigate a political opponent. Smith said he was not aware of a comparable instance. Cornyn also questioned Smith about Department of Justice policy on prosecuting a sitting president, to which Smith responded that Trump’s reelection ended the case in line with DOJ policy.
Democrats Defend Smith and DOJ
Democrats on the committee, led by ranking member Sen. Dick Durbin, D-Ill., defended Smith and criticized Republicans for holding the hearing only after a year in the majority. Durbin said, "Republicans have spent months spreading baseless conspiracy theories about Mr. Smith's investigation," and noted that Smith had volunteered to testify under oath nearly a year earlier.
Rep. Adam Schiff, D-Calif., focused on the role of U.S. District Judge Aileen Cannon, who found Smith’s appointment unlawful in the classified documents case and made several controversial decisions, including appointing a special master. Schiff argued that Cannon’s rulings limited Smith’s ability to testify and accused her of favoring Trump. He thanked Smith for his service and criticized the "shabby ad hominem attacks" against him.
Smith maintained throughout the hearing that he and his staff acted according to Department of Justice policy and denied any partisan motivation. Democrats did not directly address the specific concerns about donor and media records but continued to defend the legitimacy of the investigations.
Evidence Handling and Policy Questions
Republicans raised additional concerns about Smith’s handling of evidence after the cases were closed. According to Just the News, Smith retained evidence related to Trump after the cases were shut down, despite DOJ rules typically requiring the disposal or return of such evidence when it is no longer needed. Smith did not directly address this issue during the hearing.
The hearing underscored ongoing disputes over the scope and conduct of federal investigations into Trump, with both parties remaining entrenched in their positions. No new prosecutions were announced, and Smith reiterated his commitment to DOJ policy.
The Senate Judiciary Committee has not indicated whether further hearings or actions will follow.
