Former special counsel Jack Smith will testify in a hearing before the House Judiciary Committee next week, giving Republican and Democratic lawmakers on the panel a chance to grill him in a public setting on his prosecutions of President Donald Trump.
Smith will appear before the committee on Jan. 22, one month after he sat for a closed-door deposition with the committee and testified for eight hours about his special counsel work, a source familiar told Fox News Digital.
Smith had long said he wanted to speak to the committee publicly, and although Chairman Jim Jordan, R-Ohio, first demanded the deposition, the chairman also said an open hearing was on the table.
Smith investigated Trump and brought two indictments against him over the 2020 election and alleged retention of classified documents. Trump pleaded not guilty and aggressively fought the charges, and Smith dropped both cases when Trump won the 2024 election, citing a Department of Justice policy that discourages prosecuting sitting presidents.
In a public hearing, House lawmakers will be able to question Smith in five-minute increments, whereas in the deposition, each party questioned Smith in one-hour sessions. Politico first reported that Smith would appear for a hearing sometime this month.
Smith gave little new information during his initial meeting with the committee and defended his work.
‘I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election,’ Smith said, according to a transcript of the deposition. ‘We took actions based on what the facts, and the law required, the very lesson I learned early in my career as a prosecutor.’
Smith said he followed DOJ policy when his team made the controversial decision to subpoena numerous Republican senators’ and House members’ phone records as part of his 2020 election probe. Smith noted the subpoenas sought a narrow set of data.
‘If Donald Trump had chosen to call a number of Democratic senators [to delay the election certification proceedings], we would have gotten toll records for Democratic senators. So responsibility for why these records, why we collected them, that’s — that lies with Donald Trump,’ Smith said.
The Republicans have said the subpoenas were unconstitutional violations of the speech or debate clause, and they have broadly said the Biden DOJ abused its authority by bringing, in their view, politicized criminal charges against a former president and presidential candidate.
Trump, who has long decried Smith as a ‘thug’ and said he belongs in jail, has said he welcomes Smith at a public hearing.
Asked about Smith’s appearance next week, a representative for Smith provided a statement from one of his lawyers, Lanny Breuer.
‘Jack has been clear for months he is ready and willing to answer questions in a public hearing about his investigations into President Trump’s alleged unlawful efforts to overturn the 2020 election and his mishandling of classified documents,’ Breuer said.