Jack Smith says he’s willing to testify publicly about Trump prosecutions on one condition

Former special counsel Jack Smith, who secured two indictments against Donald Trump, said he is willing to testify before Congress in public hearings as long as the U.S. Department of Justice pledges “that he will not be punished for doing so.”

In a letter to Rep. Jim Jordan (R-Ohio) and Sen. Chuck Grassley (R-Iowa), chairs of the House and Senate Judiciary Committees, respectively, Smith’s lawyers said their client wants to set the record straight publicly about his prosecutorial work in the Trump cases.

“Given the many mischaracterizations of Mr. Smith’s investigation into President Trump’s alleged mishandling of classified documents and his role in attempting to overturn the results of the 2020 election, Mr. Smith respectfully requests the opportunity to testify in open hearings before the House and Senate Judiciary Committees,” the letter states.

Lawyers Lanny Breuer and Peter Koski defended Smith’s investigations, saying he continued long-standing guidelines from the Department of Justice.

Smith “is prepared to answer questions about the Special Counsel’s investigation and prosecution, but requires assurances from the Department of Justice that he will not be punished for doing so,” they added.

“To that end, Mr. Smith needs guidance from the Department of Justice regarding federal grand jury secrecy requirements and clearance on matters he may speak about regarding, among other things, Volume II of the Special Counsel’s Final Report, which is not publicly available,” they added.

As the Justice Department delivered Smith’s report on its charging decisions related to Trump’s 2020 election interference investigation, a judge blocked the release of the second volume of the report related to the classified documents investigation.

Photo AP/J. Scott Apple White

Smith’s lawyers also requested that he have access to the special counsel’s files so he could answer lawmakers’ questions.

Rep. Jamie Raskin (D-Md.), ranking member of the House Judiciary Committee, called on Jordan to accept Smith’s terms.

“I can think of no reason to deny the American people the opportunity to hear his testimony, under oath and with cross-examination by members of both parties, and to allow all Americans to judge for themselves the integrity of Mr. Smith’s investigations,” Raskin said in a statement.

Smith prosecuted two cases against Trump: one for his alleged mishandling of classified documents and another for his efforts to overturn the 2020 election. Both cases were dismissed following Trump’s victory in the 2024 presidential race. Smith resigned in January after filing his investigative report on Trump.

“The idea that politics plays a role in important cases like this,” he said, “is absolutely ridiculous and completely contrary to my experience as a prosecutor.”