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Jack Smith Testifies Before Senate Judiciary on Investigative Tactics

His public defense comes as Republicans press allegations about seized lawmakers’ communications and the Justice Department weighs referrals and probes of investigators.

Overview

  • On Tuesday, Sept. 29, 2026, former special counsel Jack Smith told the Senate Judiciary Committee he stands by his decisions and said he would bring the same charges again based on the evidence.
  • Republican senators say Smith’s team reviewed text-message contents from 44 current or former lawmakers and subpoenaed telephone toll records from carriers, a claim that raises questions about the Speech or Debate Clause and how privileged material was handled.
  • Rep. Jim Jordan referred Smith to the Justice Department in July for allegedly misleading Congress about records collection, and the DOJ has not publicly closed that inquiry.
  • A federal judge’s standing order limits what Smith can say about the classified-documents investigation, leaving parts of his report sealed while appeals and First Amendment challenges move through court.
  • The hearing heightens pressure on the Justice Department as it examines officials involved in Smith’s probes, a process that has already led to firings and could shape whether career prosecutors face investigation or charges.