Senate GOP to press Jack Smith on Trump Jan. 6 probe as DOJ targets investigators

Former special counsel Jack Smith told members of the Senate Judiciary Committee on Tuesday that he would not back down in the face of what he described as ongoing threats of prosecution, defending his handling of the investigation into Donald Trump's efforts to overturn the 2020 election, according to NBC News.

Smith, who brought two federal criminal cases against Trump that were later dropped, appeared before the committee as the Justice Department continues efforts to scrutinize law enforcement officials connected to his work, including both the election interference probe and the separate inquiry into Trump's retention of classified documents after leaving office in January 2021, NBC News reported.

In his opening remarks, Smith said he stood behind the decision to pursue charges against Trump, saying the case grew out of a thorough investigation that produced substantial evidence. He said the identity or political standing of anyone under investigation should never factor into whether charges are pursued, according to NBC News. Smith added that investigators had gathered proof beyond a reasonable doubt that Trump committed serious crimes against the country. Trump has maintained that he did nothing improper.

The hearing, chaired by Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, carried the title "Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters," signaling a contentious tone from the outset, NBC News reported. Grassley has long accused Smith of overstepping his authority and using the investigation to target Republicans politically. Smith, who has prosecuted members of both parties over his career, has rejected those claims. Grassley told the panel that Smith needed to answer for what he called a serious misuse of power funded by taxpayers, framing the hearing as part of a broader effort to expose politicization within the Justice Department during the Biden administration.

According to NBC News, the exchange grew personal at points. Louisiana Sen. John Kennedy opened his questioning by asking Smith to define the word "arrogant" and later told him he found his testimony nauseating. Missouri Sen. Eric Schmitt referred to Smith using a vulgar insult after attempting to suggest Smith had improper contact with Fulton County District Attorney Fani Willis, who had pursued a separate state case against Trump. Schmitt's attempt to place Smith at a basketball game in Atlanta appeared to be mistaken, as Smith had actually attended an Iowa Hawkeyes game featuring Caitlin Clark, NBC News reported. Minnesota Sen. Amy Klobuchar said Schmitt owed Smith an apology, which he did not offer.

Smith has previously said he believed a jury would have convicted Trump had the election case gone to trial, and he has dismissed suggestions that the Biden administration influenced his decisions, calling such claims absurd. His final report on the election case concluded that Trump had encouraged supporters toward violence ahead of the Jan. 6 Capitol attack, according to NBC News. Trump pleaded not guilty in that case and has denied inciting the riot, though he later granted broad clemency to Jan. 6 defendants after returning to office.

NBC News reported that the Trump administration has launched a wide-ranging investigation into law enforcement conduct dating back to 2016, and has removed FBI and Justice Department personnel connected to earlier Trump-related probes. Attorneys for current and former officials recently told a court that department officials appear to be examining the 2022 FBI search of Trump's Mar-a-Lago estate, which uncovered classified records central to one of the dismissed cases.

Smith earlier told the House Judiciary Committee that he expected the administration to try to build a criminal case against him. Rep. Jim Jordan, R-Ohio, later asked officials to investigate claims that Smith gave false testimony to Congress, an accusation Smith's attorneys have denied. Former federal prosecutors have told NBC News that pursuing a perjury case against Smith would face significant legal hurdles.

Smith was not expected to address the classified documents probe directly, as a federal judge has barred release of that portion of his special counsel report, and the Justice Department maintains that discussing it publicly would violate the court's order.