Former special counsel Jack Smith is scheduled to testify before the Senate Judiciary Committee on Tuesday, September 29, 2026. The appearance marks Smith's second time testifying before Congress regarding his investigations into President Trump, which resulted in charges involving the Mar-a-Lago documents case and actions surrounding the events of January 6, 2021.
The hearing follows months of requests from committee members and a probe by Chairman Chuck Grassley (R-IA) into Smith’s tenure. In August 2026, Smith’s legal team confirmed his willingness to appear publicly, pending Justice Department approval, to address what they described as mischaracterizations of his work. Senate Judiciary Democrats had previously called for Smith to testify under oath as an alternative to a series of subcommittee hearings Republicans held to relitigate the 2020 election.
Chairman Grassley has titled the upcoming session “Oversight of Jack Smith’s Abuse of Authority and the Targeting of Republicans.” Grassley stated that his investigation revealed Smith obtained phone toll records for a dozen senators and text messages from 44 members of Congress who communicated with the White House leading up to January 6. While Smith did not have access to the content of the calls, Grassley has characterized the investigation as "weaponized" and "deeply flawed."
In previous statements, Smith defended the independence of his work. During a December deposition, he stated that the decision to bring charges was his alone and based on facts returned by grand juries, asserting he would prosecute a former president regardless of party affiliation. Senate Judiciary Democrats, including Ranking Member Dick Durbin (D-IL), have framed the testimony as an opportunity for Smith to share the results of his investigation into efforts to overturn the 2020 election.
For the average citizen, the hearing represents a public accounting of how federal resources were used to investigate political figures and election interference. A person following the news would notice the details of these investigative methods, such as the use of non-disclosure orders and the subpoenaing of private communication logs. The hearing will also address the DOJ’s internal protocols for investigating members of the legislative branch, potentially affecting how the "speech or debate" clause of the Constitution is applied in future criminal probes.
The outcome of this testimony could set a precedent for how Congress conducts oversight of special counsels and how future administrations handle investigations into political opponents. It may also influence the release of Volume II of Smith's "Final Report of the Special Counsel’s Investigations and Prosecutions," which Democrats have requested in unredacted form. The hearing is set for Tuesday, September 29, 2026, and follows a prior appearance by Smith before the House Judiciary Committee in January 2026.