Jack Smith Details Lawmaker Phone‑Record Subpoenas in First Public House Testimony on Trump Prosecutions
Former special counsel Jack Smith, in his first public testimony before the House Judiciary Committee on Jan. 22, 2026, defended his Trump prosecutions as based on evidence that Trump was “by a large measure the most culpable” in efforts to overturn the 2020 election, said he dropped charges after Trump’s re‑election because DOJ policy bars prosecuting a sitting president, and repeatedly declined to discuss sealed Volume II of his classified‑documents report under Judge Aileen Cannon’s order. Republicans pressed him on subpoenas for months of phone and toll records for hundreds of Trump‑aligned individuals — including members of Congress such as then‑Speaker Kevin McCarthy — gag orders that kept carriers from notifying targets, roughly $20,000 paid to an FBI confidential source, and alleged politicization; Smith defended the subpoenas as lawful, said the targets were driven by Trump’s conduct, and cited grand‑jury secrecy and DOJ rules in refusing to disclose further details.
📌 Key Facts
- Former special counsel Jack Smith gave his first public testimony to the House Judiciary Committee in a televised hearing on Thursday, Jan. 22, 2026, following an eight‑hour closed‑door deposition in December.
- In his prepared opening statement and deposition, Smith said his investigation developed proof beyond a reasonable doubt that former President Trump was “by a large measure the most culpable and most responsible person” in the Jan. 6‑related conspiracy and that he would bring the same charges today; he also said he dropped both Trump cases in November 2024 only after Trump won a second term because DOJ policy bars prosecuting a sitting president.
- A separate, classified Volume II of Smith’s final report on the Mar‑a‑Lago/classified‑documents probe remains sealed by Judge Aileen Cannon (reported to be under seal until Feb. 24, 2026); Smith said he cannot and will not discuss non‑public grand jury or sealed findings and DOJ rules limit what he may say about that probe.
- Smith defended his team’s use of subpoenas for phone and location data — saying the targets were chosen because of President Trump’s own conduct — and acknowledged his office subpoenaed roughly three months of phone toll records for then‑Speaker Kevin McCarthy in early 2023; he argued the subpoenas were lawful and did not violate the Speech or Debate Clause.
- Republicans pressed Smith on DOJ practices used in obtaining records (including court‑approved gag orders that stopped carriers from notifying targets and the fact the court was not told some targets were sitting lawmakers); Smith said he followed then‑existing DOJ policy, which has since changed.
- GOP members used the hearing to accuse Smith of politicization — including questions about roughly $20,000 paid to an FBI confidential human source and subpoenas for hundreds of Trump‑aligned individuals, including multiple members of Congress — while Smith repeatedly defended his conduct as required by law and rejected claims that politics drove his decisions.
- Smith acknowledged he would have viewed former Vice President Mike Pence as a strong witness if cases had gone to trial but declined to say whether Pence was actually interviewed; he also warned he was “eyes wide open that this President will seek retribution.”
- The hearing took place amid related legal and political moves: Trump publicly attacked Smith at a press conference, Trump’s lawyers sought to keep Volume II sealed (seeking expedited or indefinite protection), and Smith is separately the subject of an ethics inquiry by the Office of Special Counsel that his lawyers call unfounded.
📰 Source Timeline (8)
Follow how coverage of this story developed over time
January 23, 2026
5:44 AM
Top 5 moments from Jack Smith's testimony on Capitol Hill
New information:
- Smith acknowledged his team subpoenaed roughly three months of phone toll records for then‑Speaker Kevin McCarthy in early 2023, just 16 days after McCarthy became Speaker.
- He defended those subpoenas as constitutional and said he did not view them as violating the Speech or Debate Clause.
- Rep. Darrell Issa pressed Smith on why DOJ sought court‑approved gag orders that stopped phone carriers from notifying targeted lawmakers and why the court was not explicitly told the subpoenas involved members of Congress.
- Smith said he followed then‑existing DOJ policy, which did not require notifying the D.C. court that the targets were sitting lawmakers, and that internal policy has since changed.
January 22, 2026
11:35 PM
Jack Smith defends criminal investigations into Trump during House hearing
New information:
- House Judiciary Republicans used the hearing to sharply criticize Smith personally and to accuse him of partisanship in pursuing more than 40 criminal charges against Donald Trump that have since been dropped.
- In response, Smith explicitly defended his conduct and said his actions were required by law, rejecting the suggestion that politics drove his decisions.
- PBS indicates the hearing focused on the contrast between GOP efforts to portray the probes as illegitimate and Smith’s insistence that he followed legal obligations, adding on‑camera framing of the exchange.
2:10 PM
Former special counsel Jack Smith to deliver first public testimony
New information:
- Specifies that Judge Aileen Cannon’s order keeps Jack Smith’s final classified‑documents report under seal until Feb. 24, 2026.
- Reports that on Tuesday Trump filed a motion before Cannon seeking an expedited order that would indefinitely bar release of Volume II of Smith’s final report.
- Clarifies that Smith will be unable to discuss any non‑public findings from the classified‑documents probe at Thursday’s hearing because of the seal and DOJ rules.
- Details that Republicans are expected to focus heavily on Smith’s subpoenas for GOP senators’ phone and toll records around Jan. 6, with Smith previously defending them as 'lawfully subpoenaed' and relevant.
11:00 AM
Jack Smith faces public grilling on Capitol Hill about Trump prosecutions
New information:
- Confirms the hearing will be a televised public session beginning at 10 a.m. Thursday, after an eight‑hour closed‑door deposition in December.
- Details Republicans’ planned lines of attack: alleged politicization, gag‑order efforts during Trump’s campaign, attempts to fast‑track proceedings, and subpoenas for the phone and records data of hundreds of Trump‑aligned individuals, including multiple members of Congress.
- Reveals that Republicans are expected to press Smith on approximately $20,000 in payments his team approved to an FBI confidential human source to collect intelligence on Trump.
- Publishes key lines from Smith’s prepared opening statement: he will say his investigation developed proof beyond a reasonable doubt that Trump engaged in criminal activity and that he would bring the same charges against a former president today, regardless of party.
- Clarifies that Smith will refuse to answer questions that could disclose protected grand jury material or details from Volume II of his final report on the classified‑documents case, which Judge Aileen Cannon has sealed through February.
11:00 AM
Jack Smith set to testify publicly for first time at House hearing
New information:
- CBS piece specifies that today’s open hearing is at 10 a.m. ET and provides a livestream, framing this as Smith’s first‑ever public testimony.
- Details that since October 2025 Smith’s lawyers have repeatedly offered public testimony to both House and Senate Judiciary; Jordan initially insisted on a closed‑door deposition in December despite that offer.
- New quotes from Rep. Jamie Raskin saying Smith answered every question to "the satisfaction of any reasonable‑minded person" in the December session, and from Rep. Dan Goldman calling private‑first testimony a mistake and saying accusations against Smith are "completely bogus."
- Clarifies that Smith is under a separate ethics investigation by the Office of Special Counsel (distinct from his former special counsel post), which his lawyers describe as "imaginary and unfounded."
- Explains that Judge Aileen Cannon’s injunction sealing Volume II of Smith’s classified‑documents report will sharply limit what he can say publicly about that case; Trump’s lawyers have just asked her to bar DOJ officials from ever releasing the report.
10:00 AM
Jack Smith to defend Trump investigations to House Republicans
New information:
- Confirms the public hearing is set for Thursday, Jan. 22, 2026, before the House Judiciary Committee and will be Smith’s first open testimony on his Trump investigations.
- Quotes from Smith’s prepared opening statement: he will tell Congress that Trump was “by a large measure the most culpable and most responsible person in this conspiracy” and that “no one should be above the law.”
- Details that a second, classified‑documents volume of Smith’s final report remains sealed under an order by Judge Aileen Cannon, while Trump’s lawyers filed a fresh plea this week to keep it secret, citing grand‑jury and privilege concerns.
- Reports Trump’s latest public attack at a press conference calling Smith “deranged Jack Sick Smith” and “a sick son of a bitch,” and boasting about firing prosecutors and agents who worked on the cases.
- Notes Smith will have to tread carefully in any public discussion of the classified‑documents probe because of Cannon’s order and ongoing legal fights by media and nonprofits to unseal that part of his report.
January 21, 2026
11:46 PM
3 things to know ahead of Jack Smith's testimony
New information:
- Confirms that the public House Judiciary hearing with Jack Smith is scheduled for Thursday, Jan. 22, 2026.
- Reports that in his December closed‑door deposition Smith explicitly told lawmakers: 'Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power.'
- Notes that Smith said he dropped both Trump cases in November 2024 after Trump won a second term because DOJ policy bars prosecuting a sitting president.
- Details that much of the Mar‑a‑Lago classified‑documents case remains under seal due to grand‑jury secrecy and a court order from Judge Aileen Cannon.
- Relays Smith’s comment that he would have viewed former Vice President Mike Pence as a strong witness if the case had gone to trial, while refusing to say whether Pence was actually interviewed.
- Quotes Smith saying he is 'eyes wide open that this President will seek retribution' when asked if his deposition was compelled at the White House’s instruction.
- Explains that Smith told lawmakers the decision to seek location data and phone logs from certain members of Congress was driven by Trump’s own conduct: 'I did not choose those members, President Trump did.'
- Frames what to watch for in the public hearing, including whether Republicans focus on attacking Smith personally versus probing other aspects of the investigations.