Jack Smith Agrees to Public Testimony After DOJ Referral Over Phone Records Probe

Former Special Counsel Jack Smith will testify publicly before the Senate Judiciary Committee on Sept. 22, following a formal Justice Department referral over allegations he made false statements about his investigation's collection of congressional phone records.

Senate Judiciary Chairman Chuck Grassley, R-Iowa, extended the invitation as part of the committee's investigation into "Arctic Frost" — the code name for Smith's probe into efforts to overturn the 2020 election — and Smith's broader tenure as Special Counsel.

"He needs to answer directly to Congress for his actions," Grassley said in a statement. "Smith has requested to testify before the Senate Judiciary Committee, and our committee looks forward to hearing from him as part of Congress' investigation into Arctic Frost and his time as Special Counsel. Smith must be honest and forthcoming in his answers, because the American people deserve nothing less than full transparency and accountability."

Smith's attorneys, Lanny Breuer and Peter Koski, responded in a letter that Smith "steadfastly followed Justice Department policies, observed applicable legal requirements, and took actions based on the facts and the law."

"He stands by the decisions he made as Special Counsel and looks forward to the opportunity to appear before your Committee in a public hearing to correct the many mischaracterizations of his tenure," the attorneys wrote.

The Phone Records Dispute

Grassley's invitation comes after revelations that Smith's investigation obtained text messages from 45 members of Congress — including Grassley himself — that were sent to White House officials around the Jan. 6, 2021, Capitol riot. Other lawmakers whose records were obtained include Sens. Mike Lee, R-Utah, Cory Booker, D-N.J., and Tom Cotton, R-Ark.

Last month, House Judiciary Committee Chairman Jim Jordan, R-Ohio, referred Smith to the Justice Department for a possible false-statement investigation tied to Smith's testimony about those records.

Background

Smith led two federal prosecutions of President Donald Trump — one over efforts to overturn the 2020 election, the other over the handling of classified documents at Mar-a-Lago. Both cases were dismissed after Trump won the 2024 election.

Smith previously testified for more than eight hours in a closed-door House Judiciary Committee deposition on Dec. 17, 2025; a transcript and video of that session were released publicly on Dec. 31, 2025.

The September hearing would mark Smith's second public testimony before Congress since leaving the Special Counsel's Office.

Sources:

Sen. Chuck Grassley press release

Washington Examiner

Additional reporting from The Hill, Deseret News, and ABC affiliate coverage.