2026-09-30 · contested story
Former special counsel Jack Smith defends investigation into Trump on Capitol Hill
Former special counsel Jack Smith testified before the Senate Judiciary Committee on September 29, 2026, forcefully defending his two now-dismissed criminal investigations of President Donald Trump — one over the alleged attempt to overturn the 2020 election and one over classified documents kept at Mar-a-Lago. Smith insisted his team 'developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation' and declared he 'will not be silenced' by threats of prosecution. Republicans, led by Chairman Chuck Grassley, accused Smith of abusing his authority, targeting Republicans, obtaining phone records of lawmakers and financial data of donors, and running a 'partisan weapon.' The hearing turned combative, with Sen. John Kennedy telling Smith 'You make me want to throw up in my mouth,' and Sen. Eric Schmitt calling him a 'dirtbag' while trying — and failing — to catch Smith in a perjury trap over a basketball game.
How each side frames it
left
"Trump's 'Grand Conspiracy' Probe Is Coming Crashing Down"
"Instead of admitting the mistake, some MAGA tastemakers have doubled down on Schmitt's completely wrong assertion that Smith was lying"
"the attempted slam dunk, which the former state prosecutor boasted amounted to perjury, turned into an embarrassing miss by Schmitt"
"He brought this on himself and deserves the obloquy"
"A day later, a different Eric Schmitt showed up."
center
"Republicans allege Smith abused authority and targeted conservatives in Trump investigations / Smith says investigations followed Justice Department policy and were not influenced by politics"
"Ex-Trump prosecutor Smith forcefully defends investigations as Republicans assail his team's tactics"
"Jack Smith's defensive crouch"
"Schmitt: I don't think you know that we have this stuff, so I'll give you a second to process it so that you don't perjure yourself. Smith: [Silent.]"
"Schmitt did not directly say he had made a mistake. He said his information was that Smith had been at a basketball game and that Smith's team had discussed it."
right
"Former special counsel Jack Smith and his investigators obtained communications from reporters for more than a dozen media outlets and financial information from thousands of Americans as part of their 'Arctic Frost' probe"
"This wasn't a normal prosecution ... Mr. Smith's operation was a partisan weapon that broke the rules."
"Jack Smith probe swept up journalists from Fox News, CNN in records"
"The face-plant by Senator Eric Schmitt (R., Mo.) at today's Senate Judiciary Committee grilling of Biden Justice Department special counsel Jack Smith was so weird."
"Eric Schmitt defends perjury trap airball at Jack Smith hearing: 'Not a mistake'"
What each side left out
The left left out — covered by the New York Post & Fox News & KCCI
- The scale and specifics of the 'Arctic Frost' data collection — 44 lawmakers, ~50 journalists, 4,782 donor checks
- Grassley's specific whistleblower disclosures about bank account numbers and home addresses of donors
The left left out — covered by the Politico
- The bipartisan Coons-Lee legislative proposal to limit prosecutorial secrecy orders — a substantive process concern
The right left out — covered by the National Review (partially) & Washington Examiner (partially)
- That Schmitt confused the Atlanta Hawks with Iowa Hawkeyes and refused to apologize
- Smith's core testimony that his probe relied on Republican witnesses
The right left out — covered by the Reuters & Al Jazeera & The Guardian
- Smith's statement 'I will not be silenced' and his framing of rule-of-law threats
- Democrats' characterization of the hearing as a 'farce' and 'smokescreen'
The center left out — covered by the CBS News & New York Post
- Deeper editorial analysis of what the phone-records subpoenas legally established or violated (Speech and Debate Clause)
What's actually true?
[verified] Smith testified his investigation developed 'proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation.'
[verified] Sen. Eric Schmitt accused Smith of perjury based on a mix-up between the Atlanta Hawks (NBA) and the Iowa Hawkeyes (women's college basketball); Smith attended the Hawkeyes game in Maryland, not Atlanta.
[verified] Smith's team obtained phone/toll records from several Republican senators and reviewed texts from 44 US lawmakers around the January 6 period.
[verified] Sen. John Kennedy told Smith 'You make me want to throw up in my mouth.'
[contested] Grassley claimed Smith's team obtained communications from journalists at nearly 50 outlets and financial info including 4,782 donor checks with bank account numbers and home addresses.
[verified] Smith said late Sen. Lindsey Graham was not a target but likely would have been a witness because Graham found Trump's election-fraud claims to be false.
[verified] Both criminal cases Smith brought against Trump were dismissed/dropped after Trump won the 2024 election; only the New York state case reached trial and produced felony convictions.
[verified] Smith said he sought secrecy for the subpoenas because he feared Trump and associates could destroy evidence or intimidate witnesses.
The narrative clash
Whether Smith's phone-records subpoenas were lawful/normal or an abuse
Left: a lawful effort typical of federal criminal investigations, but criticized by members
Right: This wasn't a normal prosecution. Mr. Smith's operation was a partisan weapon that broke the rules.
Whether Schmitt made a mistake in the basketball perjury accusation
Left: Schmitt had his facts completely wrong
Right: Eric Schmitt defends perjury trap airball at Jack Smith hearing: 'Not a mistake'
Whether the investigation was politically motivated
Left: It's very hard to understand how our investigation can be viewed as partisan when the strongest witnesses, the people who were the difference between the rule of law and not, were Republicans
Right: You have weaponized the Department of Justice against political enemies to an extent that has never happened in the history of this country
30 sources analyzed
The Damage Report Al Jazeera NPR edition.cnn.com The New Republic TODAY.com AP News Reuters NBC News New York Post Rolling Stone The Economist The Guardian CBS News CNN Washington Examiner KCCI National Review The Washington Post The Hill Politico The Daily Beast NewsNation HuffPost Minnesota Reformer Fox News Slate Yahoo Missouri Independent PBS