WASHINGTON, D.C. — The hearing, titled Oversight of Jack Smith’s Abuse of Authority and the Targeting of Republicans and Related Matters, will be chaired by Senator Chuck Grassley. Smith served as special counsel in two federal criminal cases against Donald Trump that were subsequently dismissed. “Deranged Jack Smith should be brought to Justice, NOW!!!,” Trump said.

One of the dismissed cases concerned Trump's efforts to overturn the results of the 2020 presidential election. The other dismissed case concerned Trump's handling of classified documents after he left office in January 2021. Both federal cases against Trump were dismissed before trial due to a Department of Justice policy that sitting presidents cannot face federal charges.

Smith has denied allegations that he misused his investigative powers or politically targeted Republicans. He stated that the notion his decisions were “influenced or directed by the Biden administration or other political actors is, in a word, laughable.” Smith also stated he believes a jury would have convicted Trump in the 2020 election-related case had it gone to trial.

Smith testified before the House Judiciary Committee in January. No court has found wrongdoing on the part of Smith or any prosecutors involved in the probes.

In 2023, the National Archives provided Smith’s office with 54 spreadsheets containing text messages from White House personnel, including those of former President Trump, which were reviewed by Smith’s team without prior screening by a DOJ filter team. Smith is not expected to discuss the classified documents investigation during his Senate testimony. U.S. District Judge Aileen Cannon ordered that the portion of Smith's report concerning the classified documents investigation cannot be released. The Justice Department has taken the position that answering questions about the classified documents investigation would violate Cannon’s order.

Smith's final report in the election interference case stated that Trump "inspired his supporters to commit acts of physical violence" at the U.S. Capitol on Jan. 6. Trump pleaded not guilty in the Jan.

6 case brought by Smith. Trump granted mass clemency to defendants convicted in connection with the Jan. 6 attack upon his return to office.

The Justice Department's Office of Inspector General launched an investigation in May 2026 into Smith's team over allegations of improper handling of congressional communications, marking the first such probe of a special counsel since the 1999 Whitewater investigation. One former prosecutor on Smith's team has faced charges for attempting to email herself a portion of a report Smith wrote. The Trump administration launched an investigation into actions taken by federal law enforcement officials dating back to 2016.

The Trump administration has removed FBI and Justice Department officials who were involved in past investigations of Trump. Defense attorneys for current and former officials informed a court that Department of Justice officials appear interested in probing the circumstances of the August 2022 FBI search of Trump’s Mar-a-Lago estate.

Why It Matters

The hearing represents a moment of oversight for a former special counsel whose investigations targeted a former president. The ongoing Justice Department Office of Inspector General investigation adds weight to the proceedings, as it marks the first such probe of a special counsel since 1999. The allegations center on whether proper legal protocols were followed when accessing communications of members of Congress and White House personnel.

The outcome of the testimony and the internal investigation could influence future guidelines for special counsels. Existing oversight frameworks were circumvented, while supporters maintain that Smith acted independently and within the law. The political divide over the legitimacy of the 2020 election and the subsequent investigations remains a central theme in the debate surrounding Smith's tenure.

Timeline

Smith testified before the House Judiciary Committee in January 2026. The official record of the event states that Smith, former special counsel, will testify before the Senate Judiciary Committee on September 29, 2026, regarding allegations of abuse of authority. Former special counsel Smith is scheduled to testify before the Senate Judiciary Committee on Tuesday, September 29, 2026.

What's New

Smith’s team sought over a dozen additional toll record subpoenas for Republican Members of Congress after his appointment as special counsel, with Smith approving most of them, according to documents released by the House Judiciary Committee.

The Office of Legal Counsel within the Department of Justice issued a memo in 2021 stating that the use of non-disclosure orders to prevent members of Congress from knowing their phone records were subpoenaed could potentially violate the First Amendment and the Constitution’s separation of powers. The Department of Justice has a long history of appointing special counsels to investigate high-profile cases, with notable examples including the Watergate scandal (1973) and the Clinton-Lewinsky affair (1999).

How Sources Differ

Regarding Chuck Grassley's statements on Smith, Grassley stated in a written statement that Smith “must answer” "for what the senator characterized as" “rampant abuse of authority and political targeting” funded by American taxpayers. Documents released by Chuck Grassley and Jim Jordan indicate that Smith obtained the texts and messages of 44 lawmakers and hundreds of others as part of his probes. Grassley also stated, “If Jack Smith did that to Democrats, you’d never hear the end of it.” These documents also note the acquisition of texts and messages from 44 lawmakers.

On Smith's views and Trump's records, Smith stated he believes a jury would have convicted Trump in the 2020 election-related case had it gone to trial. Documents from judiciary.senate.gov indicate that in 2023, the National Archives provided Smith’s office with 54 spreadsheets containing text messages from White House personnel, including those of former President Trump, which were reviewed by Smith’s team without prior screening.

Concerning the Senate Judiciary Committee hearing, judiciary.senate.gov documents note that in 2023, Smith’s investigative team accessed text messages from 44 members of Congress, including both Republicans and Democrats, without prior review by a DOJ filter team for privileged content. The Senate Judiciary Committee hearing schedule states that former special counsel Smith is scheduled to testify before the Senate Judiciary Committee on Tuesday.