Home · Politics · Sep 29 archive

Watch Live: Jack Smith Testifies Before Senate Judiciary Committee

12:04 PM ETConfirmed

Politics Desk

In Short: Former special counsel Jack Smith testified Tuesday before the Senate Judiciary Committee amid Republican allegations of misconduct.

Smith faced questions from Republicans who argue that his actions improperly targeted their party.

Jim Jordan, R-Ohio, chairman of the House Judiciary Committee, referred Smith to the Justice Department in July, alleging that Smith made false statements about obtaining records of lawmakers during his investigation of former President Donald Trump.

Lawyers for Smith denied the allegation and said he testified truthfully.

The referral centered on an exchange in which Smith was asked about subpoenas that prosecutors had issued for the toll records of some Republican lawmakers as part of the investigation.

Smith will tell the committee that he stands behind the criminal cases he brought against Trump and that he and his team acted without regard to politics.

Democrats argue that Republicans are afraid to have Smith testify about his work and the allegations against Trump, while Republicans claim Smith acted as a tool of the Biden administration and violated the 'speech or debate' clause of the Constitution.

Smith's lawyers called his answers 'unimpeachably truthful' and noted that he was responding explicitly to questions about toll records, which did not include the contents of any text messages.

Republicans sought to cast the prosecution as a political fishing expedition, accusing Smith of bending ordinary procedures in an overzealous pursuit of the president.

The committee says Smith’s team obtained records of 44 members of Congress.

No court has found wrongdoing on the part of Smith or any of the prosecutors as part of the probes themselves.

One former prosecutor on the team has faced charges for attempting to email herself a portion of a report Smith wrote that the Trump administration decided against making public.

If Jack Smith did that to Democrats, you’d never hear the end of it.

Background

What's confirmed

• Lawyers for Smith denied the allegation and said he testified truthfully.
• The referral centered on an exchange in which Smith was asked about subpoenas that prosecutors had issued for the toll records of some Republican lawmakers as part of the investigation.
• Former special counsel Jack Smith will testify Tuesday before the Senate Judiciary Committee.
• Jim Jordan, R-Ohio, the chairman of the House Judiciary Committee, referred Smith to the Justice Department on allegations he made false statements in December during closed-door testimony about whether he had obtained records of lawmakers while investigating Trump's efforts to overturn his 2020 presidential election loss.
• "Did the toll records that you requested from the senators, did they include the content of the phone calls?" Smith was asked.
• Chuck Grassley, R-Iowa, showing that Smith had obtained the contents of 44 lawmakers' text messages in a separate subpoena to the National Archives and Records Administration that sought the communications of various Trump advisers and aides.
• Jamie Raskin of Maryland, the top Democrat on the Judiciary Committee, Smith's lawyers called his answers "unimpeachably truthful" and noted that he was responding explicitly to questions about toll records, which did not include the contents of any text messages.
• Republicans have argued for months that Smith acted as a tool of the Biden administration, echoing Trump’s claims of a Justice Department “weaponized” against him.
• Hawley and others argued that Smith’s actions violated the “speech or debate” clause of the Constitution, which provides members of Congress with immunity from testifying about their work.
• Democrats, meanwhile, have argued for months that Republicans were afraid to have Smith actually testify about his work and the allegations against Trump.
• Another member of the panel, Sen. Peter Welch, D-Vt., said Republicans’ attacks on Smith were part of their broader defense of Trump.
• No court has found wrongdoing on the part of Smith or any of the prosecutors as part of the probes themselves.

What's still developing

• “Jack” Smith will likely face from majority Republicans when he sits as the sole witness Tuesday.
• Durbin, D-Ill., the ranking member on the Judiciary Committee.
• The program helped more than 100,000 Minnesota households cover heating costs last winter, and roughly 6 million households nationwide over the past year, according to Klobuchar’s and Smith’s offices.
• Klobuchar and Smith each issued brief statements alongside the letter.
• Other senators who signed the letter include Susan Collins, R-Maine; Jack Reed, D-R.I.; Lisa Murkowski, R-Alaska; Angus King, I-Maine; and Dan Sullivan, R-Alaska, among more than 20 others from both parties.
• Amy Klobuchar and Tina Smith, is asking the federal government to release home heating assistance funding earlier than required this year, as colder weather and rising energy costs approach.
• The DOJ has not indicated any status updates since receiving the referral.
• Smith and his defenders maintain that he followed the evidence in investigating Trump’s efforts to overturn the 2020 election.
• C-SPAN has agreements with retailers that share a small percentage of your purchase price with our network.
• However, C-SPAN only receives this revenue if your book purchase is made using the links on this page.
• The Office of Special Counsel, an independent watchdog agency responsible for enforcing a law against partisan political activity by federal employees, also announced last year an investigation into Smith.
• Jim Jordan of Ohio, referred Smith to the Justice Department for potential prosecution on allegations that he lied at a previous hearing about his collection of the records — something Smith’s attorneys have vigorously disputed.

Sources

• C-SPANlink
• Dailywirelink
• Justthenewslink
• Mymotherlodelink
• NBC4 Washingtonlink
• NTD Newslink
• Roll Calllink
• Warpbeatlink
• Washingtonexaminerlink
• CBS Newslink
• Socialnewslink
• Sandiegouniontribunelink
• PBSlink
• Washingtonexaminerlink
• WarpBeat — background on Smith Testifies Before Senate Judiciary Amid GOP Allegations link
• PBS NewsHour — video link