United States (Brussels Morning Newspaper) – Former Special Counsel Jack Smith has formally requested permission from Congress and the Department of Justice (DOJ) to testify publicly in open hearings. Smith seeks to address what he calls widespread mischaracterisations of his investigation into former President Donald Trump, particularly concerning classified documents and the 2020 election probe.
Jack Smith Requests to Testify Publicly
Jack Smith, the lead special counsel who spearheaded investigations related to Donald Trump’s alleged mishandling of classified materials and efforts to overturn the 2020 election, has requested to testify in public before the House and Senate Judiciary Committees. According to a letter sent by Smith’s legal team to Committee Chairmen Jim Jordan and Chuck Grassley, Smith wants to clear up what he calls numerous “mischaracterisations” surrounding his work and provide transparent answers to lawmakers and the public.
Smith’s attorneys, Lanny Breuer and Peter Koski, emphasised that during his tenure as special counsel, Smith dutifully followed judicial and DOJ guidelines. His letter underscored his readiness to respond to questions, pending assurances that he would not face retaliation or legal consequences for testifying.
Background on the Investigations
Smith led two overlapping DOJ investigations: one into the handling of classified documents left at Trump’s Mar-a-Lago residence, and another related to Trump’s attempts to interfere with the lawful transfer of power after the 2020 election. These investigations resulted in felony charges which were ultimately dropped following the 2024 presidential election.Republican members of Congress, notably House Judiciary Committee Chairman Jim Jordan, have been vocal critics of Smith, accusing him of prosecutorial misconduct and weaponising the DOJ against Trump and his allies. Jordan has been demanding extensive testimony and documents related to Smith’s work, alleging constitutional abuses by the special counsel’s office.
Conditions for Smith’s Testimony
Smith has indicated that he requires clear guidance from the DOJ on the scope of his testimony, especially regarding sealed court documents and grand jury materials protected by federal secrecy laws. His counsel has requested that DOJ confirm he will not be punished legally or administratively for any disclosures he makes during the hearings.
Additionally, some evidence central to Smith’s investigations remains classified or under court seal, necessitating a careful review to ensure compliance with confidentiality rules during public testimony .
Response from Congressional Leaders
House Judiciary Committee Chairman Jim Jordan has formally requested Smith’s interview, expressing frustration over delays in receiving documents and cooperation from Smith’s team. Jordan insists that Smith’s testimony is vital for Congress to oversee what he describes as politicisation within the DOJ.
Senate Judiciary Committee Chairman Chuck Grassley has also expressed interest in Smith’s testimony, with his office issuing similar calls for transparency regarding the investigations.
Smith’s Legal Team Defends His Conduct
Smith’s attorneys have responded vigorously to claims made by his critics. In a recent letter to Senator Grassley, they labelled allegations of illegal surveillance of Republican lawmakers as “inaccurate” and highlighted Smith’s adherence to professional and ethical standards throughout his work.
They pointed to the detailed January 2025 final report issued by Smith’s office, which documents the bases for investigative steps taken, including the use of phone records in the probe of the January 6 Capitol insurrection.
Broader Political Implications
Smith’s request to testify publicly comes at a politically charged moment as Republicans continue investigations into what they claim were abuses by the Biden-era DOJ. Public testimony could further inflame partisan tensions but also clarify complex legal and procedural issues surrounding the high-profile probes into Trump.
Observers note that while Smith’s testimony could address misinformation, it will also face intense scrutiny and political grandstanding given the polarised environment in Congress .
Jack Smith’s formal appeal to testify publicly before Congress aims to provide transparency and respond directly to accusations against him. The outcome depends on the DOJ’s guidance on grand jury secrecy and Congress’s willingness to hold open hearings. The forthcoming testimony promises to be a pivotal moment in the broader narrative over investigations into former President Trump.
