Smith Defends Trump Probes in Senate, Clashes With GOP Over Records and Alleged Perjury

3 min read
Source: CBS News
Smith Defends Trump Probes in Senate, Clashes With GOP Over Records and Alleged Perjury
Photo: CBS News
TL;DR

Former special counsel Jack Smith testified before the Senate Judiciary Committee on September 29, 2026, defending his decision to charge President Donald Trump in the 2020 election interference case. Smith asserted that his investigation was nonpartisan and that evidence proved Trump engaged in serious crimes. He clashed with Republican senators over subpoenas for phone toll records and donor data, while a chaotic exchange involving a basketball game accusation ended in a factual error by Sen. Eric Schmitt.

Key points

  • Smith stated he would not be silenced by threats of prosecution from the Trump administration and maintained his decision to charge Trump was based on evidence, not political affiliation.
  • Smith defended obtaining toll records from Republican lawmakers, stating they were crucial to proving criminal intent related to January 6, 2021, and were not content-based wiretaps.
  • Sen. Chuck Grassley accused Smith of mapping the Republican apparatus and obtaining over 4,700 donor checks, while Sen. Darlene Graham alleged Smith bullied her late brother, Sen. Lindsey Graham.
  • Sen. Eric Schmitt accused Smith of perjury regarding attendance at an Atlanta Hawks game, but the claim collapsed when it was revealed Smith attended a University of Maryland vs. Iowa Hawkeyes game in Maryland.
  • Smith expressed concern over the Supreme Court’s 2024 ruling expanding presidential immunity, stating that exceptions for powerful people endanger the rule of law.

Background

Smith previously testified before the House Judiciary Committee in December 2025 and January 2026. A portion of his final report on the 2020 election case was released in January 2026, stating that admissible evidence was sufficient for a conviction had Trump not won re-election. The classified documents portion of his report remains sealed by court order.

How outlets are covering it

CBS News and CNN highlighted the chaotic nature of the hearing, particularly the Schmitt basketball gaffe and Smith’s defense of his team against mass firings. AP News focused on Smith’s refusal to be silenced and his concerns about presidential immunity. Grassley and Cruz framed the investigation as a partisan weapon and fishing expedition, while Durbin and Klobuchar defended Smith’s actions as necessary and nonpartisan. Smith emphasized that his strongest witnesses were Republicans, including former VP Mike Pence and Arizona Speaker Rusty Bowers.

Why it matters

The hearing underscores the ongoing political and legal battles over the limits of presidential power and the independence of the Justice Department. It highlights the tension between the executive branch’s use of legal tools against political opponents and the defense of those tools as necessary for upholding the rule of law.

What to watch

Smith is unlikely to discuss the classified documents case due to court orders. The Trump administration continues to pursue investigations against perceived political enemies, while the Justice Department faces credibility challenges in federal courts.

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