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Department of Homeland Security (DHS) Secretary Kristi Noem meets with U.S. Senator Katie Britt of Alabama at the Hart Senate Office Building in Washington, D.C., Feb. 25, 2025. (DHS photo by Tia Dufour)
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Jack Smith To Testify On Trump Probes, Says He Would Charge Former President Again

Jack Smith will testify before the Senate Judiciary Committee at 8 a.m. Central on Tuesday, September 29, 2026, on Capitol Hill and says he would charge Donald Trump again on the same facts.[1]

CBS obtained Smith's prepared opening statement.[1] In it he says he "stands by" his decisions to charge the former president and that his investigation "developed proof beyond a reasonable doubt that President Trump engaged in criminal activity." CBS News He says he would prosecute a former president again on the same facts "regardless of whether that President was a Republican or a Democrat." CBS News He also says, "I will not be silenced by the continued threats of prosecution from the President or others," and warns the rule of law faces challenges "unlike any we have experienced in our lifetime." CBS News

As special counsel, Smith brought criminal charges against President Trump and will face questions about his investigative decisions.[1] The panel is expected to press him about his prior use of toll records for some GOP senators, a probe detail that has drawn partisan scrutiny.[1]

Smith says individuals are being threatened with criminal investigation for being perceived as opposing the president and that "predetermined outcomes" are displacing Justice Department norms.[1]

  1. CBS News
Congressional Oversight Justice Department & Prosecutions Federal Courts and Justice Department Trump Legal Investigations
Show source details & analysis (2 sources)

📌 Key Facts

  • CBS obtained Jack Smith's prepared opening statement for the Senate Judiciary Committee hearing on Tuesday, September 29, 2026.
  • In the prepared opening statement, Smith says he "stands by" his decisions to charge President Trump and that his investigation "developed proof beyond a reasonable doubt that President Trump engaged in criminal activity."
  • Smith says he would prosecute a former president again on the same facts "regardless of whether that President was a Republican or a Democrat."
  • He is expected to tell the panel, "I will not be silenced by the continued threats of prosecution from the President or others," and to warn the rule of law faces challenges "unlike any we have experienced in our lifetime."
  • Smith will argue that individuals are being threatened with criminal investigation for being perceived as opposing the president and that "predetermined outcomes" are displacing Justice Department norms.
  • The Senate Judiciary Committee hearing is scheduled for 8 a.m. Central on Tuesday, September 29, 2026, on Capitol Hill and will focus in part on Smith's prior use of toll records for some GOP senators.

📰 Source Timeline (2)

Follow how coverage of this story developed over time

September 29, 2026
10:00 AM
Jack Smith to testify about Trump probes before Senate panel today
CBS News
New information:
  • CBS obtained Jack Smith's prepared opening statement for the September 29, 2026 Senate Judiciary Committee hearing, in which he says he "stands by" his decisions to charge President Trump.
  • Smith's statement says his investigation "developed proof beyond a reasonable doubt that President Trump engaged in criminal activity" and that he would prosecute a former president again on the same facts "regardless of whether that President was a Republican or a Democrat."
  • Smith is expected to say, "I will not be silenced by the continued threats of prosecution from the President or others," and to warn that the rule of law faces challenges "unlike any we have experienced in our lifetime."
  • He will argue that individuals are being threatened with criminal investigation for being perceived as opposing the president and that "predetermined outcomes" are displacing Justice Department norms.
  • The article reiterates that Tuesday's hearing is scheduled for 9 a.m. ET on September 29, 2026, on Capitol Hill and focuses on Smith's prior use of toll records for some GOP senators in the Trump investigations.
9:30 AM
Jack Smith, Former Special Counsel, Will Appear Before Congress
Nytimes by Devlin Barrett and Glenn Thrush