Washington — Former special counsel Jack Smith is seeking to testify in open session before Congress to address what he calls “many mischaracterizations” of the investigations that led to two 2023 criminal cases against Donald Trump, according to a letter sent Thursday to the chairs of the House and Senate Judiciary Committees.
In the letter, Smith’s attorneys say he wants to appear at public hearings about the probes into Trump’s handling of classified records and his actions related to the 2020 election. They add that Smith will need assurances from the Justice Department that he will not be penalized for testifying about matters that may still be under seal or protected by grand jury secrecy. Smith also is requesting access to files from his tenure as special counsel “to provide full and accurate answers.”
Republican committee leaders have escalated scrutiny of Smith, alleging wrongdoing in his oversight of the special counsel’s office; Smith has maintained he followed DOJ and court protocols. House Judiciary Chairman Jim Jordan formally demanded Smith’s testimony on Oct. 14. Senate Judiciary Chairman Chuck Grassley said Thursday that hearings should follow once committees obtain “all relevant records,” adding he is working with DOJ and the FBI to collect documents.
Democrats quickly embraced the offer. Rep. Jamie Raskin, the top Democrat on House Judiciary, urged leaders to schedule an open hearing, saying there is “no reason to deny the American people” sworn testimony and bipartisan questioning.
Public testimony would give Smith his most visible platform to defend the integrity of the two cases he brought against Trump before they were halted after Trump’s reelection last year. Smith has spoken sparingly since leaving the post, but recently told an audience in London that claims of political motivation were “absolutely ludicrous,” saying politics played no role in the charging decisions.
A source familiar with the plans said Smith’s lawyers are expected to seek formal DOJ guidance on the scope of permissible testimony but have not yet done so. Any appearance is likely to hinge on how the department balances congressional oversight with ongoing confidentiality rules, including grand jury protections and sealed filings.
