Jack Smith calls for ‘public hearings’ to testify before Congress on Trump investigations

EXCLUSIVE: Former special counsel Jack Smith is seeking to testify at open public hearings before the House and Senate Judiciary Committees, Fox News Digital has learned.

Fox News Digital exclusively obtained a letter that Smith’s lawyers sent Thursday afternoon to House Judiciary Committee Chairman Jim Jordan and Senate Judiciary Committee Chairman Chuck Grassley after both panels signaled interest in the former special counsel’s testimony.

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“Given the numerous misinterpretations 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 at public hearings before the House and Senate Judiciary Committees,” Smith’s attorneys, Lanny Breuer and Peter Koski, wrote.

Former special counsel Jack Smith is seeking to testify in open public hearings before the House and Senate Judiciary Committees. (Al Drago/Bloomberg via Getty Images)

“During the investigation of President Trump, Mr. Smith steadfastly adhered to established legal standards and Department of Justice guidelines, consistent with his approach throughout his career as a dedicated public servant,” they wrote.

“He is prepared to answer questions about the special prosecutor’s investigation and prosecution, but he needs assurances from the Justice Department that he will not be punished for doing so,” they continued. “To this end, Mr. Smith requires guidance from the Department of Justice regarding federal grand jury secrecy requirements and authorization on matters he may speak regarding, among other things, Volume II of the Special Prosecutor’s Final Report, which is not available to the public.”

Smith’s attorneys also noted that in order to provide “complete and accurate answers to your questions, Mr. Smith requires access to special counsel files, which he no longer has the ability to access.”

Rep. Jim Jordan, Republican of Ohio, chairman of the House Judiciary Committee, leaves the Republican caucus meeting at the Capitol in Washington, October 12, 2023. (José Luis Magana/Associated Press)

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“As a result of the guidance and access described above, Mr. Smith is available to testify at a public hearing as soon as possible,” they wrote.

A close source told Fox News Digital that Smith’s lawyers plan to formally seek advice from the Justice Department on the matter.

The letter from Smith’s lawyers comes after Jordan, R-Ohio, asked Smith to appear for a transcribed closed-door interview and provide all documents from his work related to President Donald Trump.

Senator Chuck Grassley, Republican of Iowa and chairman of the Senate Judiciary Committee, speaks during a hearing in Washington, September 16, 2025. (Al Drago/Bloomberg via Getty Images)

The letter also comes after Grassley, R-Iowa, and nearly two dozen Senate Republicans demanded that the Justice Department and FBI release documents about Smith’s decision to subpoena telecommunications companies to obtain the phone records of a number of Senate Republicans during his Jan. 6, 2021, investigation.

Fox News Digital exclusively reported earlier in October that Smith tracked the private communications and phone calls of GOP Senators Lindsey Graham of South Carolina, Marsha Blackburn of Tennessee, Ron Johnson of Wisconsin, Josh Hawley of Missouri, Cynthia Lummis of Wyoming, Bill Hagerty of Tennessee, Alaska’s Dan Sullivan, Alabama’s Tommy Tuberville and GOP Rep. Mike. Kelly of Pennsylvania as part of his “Arctic Frost” investigation.

An official said the records were collected in 2023 by Smith and his team after subpoenaing major phone carriers.

FBI Director Kash Patel shakes hands with Republican Sen. Chuck Grassley of Iowa during a Senate Judiciary hearing on September 16, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

An FBI official told Fox News Digital that Smith and his team tracking the senators were able to see the phone numbers they called, where the phone call originated and where it was received.

A source said the calls were likely in reference to the vote to certify the 2020 election.

Smith, however, called his decision to subpoena the phone records of several Republican lawmakers “entirely correct” and consistent with Ministry of Justice policy.

“As various Senators have described, the collection of toll data was narrowly tailored and limited to the four days of January 4, 2021, through January 7, 2021, with a focus on telephone activity during the period immediately surrounding the January 6 riots at the U.S. Capitol,” Smith’s attorneys wrote to Grassley on Tuesday.

Former Attorney General Merrick Garland, President Donald Trump and Special Counsel Jack Smith. (Ting Shen/Bloomberg via Getty Images | Photo by Rebecca Noble/Getty Images | Photo by Alex Wong/Getty Images)

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Smith was appointed special counsel by Attorney General Merrick Garland in November 2022.

Smith, after months of investigation, indicted Trump in U.S. District Court in Washington, D.C., in his 2020 election filing, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted this request.

The Smith affair cost taxpayers more than $50 million.

“Jack Smith certainly has a lot of answers to answer, but first, Congress needs to have all the facts at its disposal,” Grassley told Fox News Digital on Thursday. “Hearings are expected to follow once the foundation of the investigation has been firmly established, which is why I am actively working with the DOJ and the FBI to collect all relevant documents that Mr. Smith has had years to become familiar with.”

Fox News Digital has reached out to Jordan for comment and has not yet received a response.

Ashley Oliver of Fox News contributed to this report.