Former special counsel Jack Smith has offered to testify in open hearings before both the House and Senate Judiciary Committees. He led two major federal investigations involving President Donald Trump and wants to answer questions publicly about the investigations and the prosecutions that followed.
In a letter sent to lawmakers, Smith’s lawyers, Lanny Breuer and Peter Koski, said he is prepared to testify but needs clear guidance from the Department of Justice (DOJ). They explained that he must follow strict rules regarding grand jury secrecy and receive authorization on the topics he can discuss. The letter emphasized that he needs assurance from the DOJ that speaking publicly will not result in any punishment.
Smith’s team also asked for clarity on what he can say about the second volume of his final report. The first volume, submitted to Congress earlier this year, focused on Trump’s alleged efforts to overturn the 2020 election. The second volume, which covers Trump’s handling of sensitive government documents after leaving the White House in 2021, has not been released to the public.
Investigations and Reports
Jack Smith was appointed by then–Attorney General Merrick Garland to lead two investigations. The first looked into allegations that Trump illegally kept classified documents at his Florida residence, Mar-a-Lago, after leaving office. The second investigated Trump’s alleged efforts to subvert the transfer of power after losing the 2020 election to Joe Biden.
Both investigations led to criminal charges in 2023. In the first case, Trump faced 40 charges for allegedly keeping secret government documents. In the second case, he faced four charges related to attempts to hold onto power. In both cases, he pleaded not guilty.
Smith completed a two-volume report before leaving his role. The second volume was withheld initially because two co-defendants — aide Walt Nauta and former Mar-a-Lago property manager Carlos de Oliveira — were facing ongoing criminal cases. Both cases were dismissed after Trump returned to the White House for a second term.
Smith’s lawyers said he wants to address what they call “many mischaracterizations” of his investigations and prosecutions. They stressed that Smith followed established legal standards and Department of Justice guidelines throughout his career as a public servant.
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Calls for Transparency Amid Political Scrutiny
Smith’s offer to testify comes at a time of intense political debate. Some lawmakers and Trump supporters claim the investigations were politically motivated to hurt his chances for a second term. Others say the cases were necessary to enforce the law.
The letter was addressed to Senator Chuck Grassley, chair of the Senate Judiciary Committee, and Representative Jim Jordan, chair of the House Judiciary Committee. Both leaders have been closely involved in reviewing Smith’s work.
Since leaving his post, Smith has also faced inquiries from Congress and an ethics review by the U.S. Office of Special Counsel, which his lawyers called “imaginary and unfounded.” They maintain that Smith acted fairly and followed the law at every stage.
Smith’s request for public hearings is intended to bring transparency to the investigations and clarify his team’s actions. The hearings would allow Congress and the public to hear directly from him about the investigations into Trump’s handling of classified documents and attempts to influence the 2020 election. His lawyers emphasized that Smith wants to testify truthfully while remaining within legal boundaries.
This step highlights the ongoing attention around the cases that dominated national headlines and highlights Smith’s willingness to face lawmakers publicly and explain his role in these high-profile investigations.
