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Jack Smith tells senators he stands by Trump cases, won’t be silenced

Former special counsel Jack Smith told the Senate Judiciary Committee on Tuesday he stands by the two federal indictments of President Donald Trump and “will not be silenced” by threats of prosecution, as Republicans pressed him over subpoenas for lawmakers’ phone records and Democrats defended the probes.

By US Brief desk · Updated 2026-09-29T14:14:00-07:00

AI-assisted digests from the US Brief desk. Synthesizes reputable reporting with cited sources; not a wire service. Corrections welcomed.

Empty Hart Senate Office Building hearing room with curved dais and microphones

Former Justice Department special counsel Jack Smith forcefully defended his two federal prosecutions of President Donald Trump before the Senate Judiciary Committee on Tuesday, telling lawmakers he stands by the charges and will not be silenced by threats that he himself could be prosecuted.

What happened: In sworn testimony and a written opening statement, Smith said he brought the cases without regard to Trump’s politics or 2024 candidacy and that investigators developed proof beyond a reasonable doubt of serious crimes. “If asked whether to prosecute a former President based on the same facts today, I would do so regardless of whether that President was a Republican or a Democrat,” his Senate statement said. Both the election-interference and Mar-a-Lago classified-documents indictments were dropped after Trump’s 2024 win under Justice Department policy barring federal indictment of a sitting president.

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