Jack Smith tells senators he stands by Trump cases, won’t be silenced

Former Justice Department special counsel Jack Smith forcefully defended his two federal prosecutions of President Donald Trump before the Senate Judiciary Committee on Tuesday, telling lawmakers he stands by the charges and will not be silenced by threats that he himself could be prosecuted.

What Republicans pressed: Chairman Chuck Grassley (R-Iowa) and other Republicans cast the probes as a political fishing expedition, arguing Smith’s team mapped “the Republican apparatus” by seeking sweeping records, the Associated Press reported. They focused heavily on subpoenas for “toll records” — call date, time, duration, and numbers, not content — of Republican members of Congress contacted around Jan. 6, 2021. Smith said the records corroborated evidence that Trump and alleged co-conspirators sought to leverage the Capitol violence to further delay certification, that such subpoenas are common, and that the Justice Department’s Public Integrity Section approved them.

Threats and referral: Smith told the panel he stands by prior House testimony and “will not be silenced by the continued threats of prosecution from the President or others.” In July, House Judiciary Chairman Jim Jordan (R-Ohio) referred Smith to DOJ over alleged misleading answers about lawmaker records — a claim Smith’s lawyers call spurious. Attorney General Todd Blanche has said the department was examining that referral. Smith also said career prosecutors and agents who worked for him have been fired or targeted illegally and that the rule of law faces challenges “unlike any we have experienced in our lifetime.”

What Democrats argued: Ranking Member Dick Durbin (D-Ill.) said Republican attacks are a “smoke screen” to distract from Trump’s conduct, AP reported, and that Smith was only given a public Senate forum after Democrats pressed for it. Sen. Cory Booker (D-N.J.) accused Republicans of gaslighting the public about the 2020 election; Sen. Amy Klobuchar (D-Minn.) later rebuked a colleague who called Smith a “dirtbag” after a mix-up over a basketball team name.

Notable exchange: Sen. Eric Schmitt (R-Mo.) accused Smith of perjury over texts referring to a “Hawks” game, implying an Atlanta visit tied to Georgia prosecutors. Smith said he attended a University of Maryland women’s basketball game against the Iowa Hawkeyes — not an Atlanta Hawks game — and that DOJ would have attendance records. Klobuchar said Schmitt should “get [his] facts straight,” according to AP and Roll Call accounts.

Limits on what Smith can say: A standing order from U.S. District Judge Aileen Cannon still restricts discussion of Volume II of Smith’s report on the classified-documents case; Smith said DOJ’s reading of that order means he can discuss that matter only as set out in public filings.

Uncertainty: Live coverage differed on exact wording of some oral exchanges; US Brief relies on AP, ABC News, Roll Call, and Smith’s official written statement. Outcomes of Jordan’s referral and any further contempt or records fights remain unresolved.

Primary sourcing: Associated Press (Eric Tucker, Alanna Durkin Richer) via WTOP/WTAP, Sep 29, 2026 — hearing quotes, toll-records focus, Jordan referral context, Durbin/Grassley framing. ABC News (Alexander Mallin), Sep 29, 2026, 1:49 p.m. ET — opening-statement quotes, Cruz/Booker exchange, Schmitt Hawks/Hawkeyes episode, team firings, Cannon Volume II constraint. Roll Call (Michael Macagnone), Sep 29, 2026, 1:36 p.m. — “proof beyond a reasonable doubt” line, PIN second-indictment exchange, Caitlin Clark/Maryland–Iowa detail. Smith’s written Senate Judiciary statement (official PDF), Sep 29, 2026 — “will not be silenced,” rule-of-law passage, Cannon/DOJ scope limits. Hearing was underway/wrapping through early afternoon PT; US Brief has not independently verified every exchange beyond these outlets. Tue Sep 29 ~2:20 p.m. PT: added explicit AP/Roll Call attribution to paraphrased Grassley, Durbin, and Schmitt–Klobuchar exchanges; no substantive changes.