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C-SPAN archival footage of House floor debate on the articles of impeachment proposed to impeach Bill Clinton
Photo: C-SPAN | Public domain | Wikimedia Commons

Jack Smith Tells Senate He Had Proof Beyond Doubt In Trump Cases

Former special counsel Jack Smith told the Senate Judiciary Committee on Tuesday, September 29, 2026, on Capitol Hill that his investigations produced "proof beyond a reasonable doubt" that President Trump engaged in criminal activity.[1] He said he would prosecute a former president again on the same facts regardless of party and that he stands by his decisions to charge President Trump.[2]

Smith testified he made charging decisions without regard to Trump's political activities, beliefs or his 2024 candidacy and repeatedly told senators politics did not affect those decisions.[1] He said he "will not be silenced by the continued threats of prosecution" and warned the rule of law faces challenges unlike any in our lifetime.[2] The hearing, set for 9 a.m. ET, focused in part on his classified documents investigation.[3] Senators also pressed him about the prior use of toll records tied to some GOP senators in the Trump probes.[2]

CBS obtained Smith's prepared opening statement before the hearing, which said the inquiry "developed proof beyond a reasonable doubt" and that he would prosecute regardless of party.[2] That written statement also said he "stands by" his charging decisions and that "predetermined outcomes" are displacing Justice Department norms.[2]

Smith's appearance turned a preparatory claim into a public doubling down, as he repeated his written assertions under oath and expanded them in answers to senators' questions.[3]

  1. PBS
  2. CBS News
  3. CBS News
Congressional Oversight Justice Department & Prosecutions Federal Courts and Justice Department Trump Legal Investigations Trump Investigations
Show source details & analysis (4 sources)

📌 Key Facts

  • 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.
  • In that prepared opening statement, Smith wrote his investigation "developed proof beyond a reasonable doubt that President Trump engaged in criminal activity" and said he would prosecute a former president again on the same facts "regardless of whether that President was a Republican or a Democrat."
  • On Tuesday, September 29, 2026, Smith told senators at the hearing that his investigation developed "proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation," according to PBS News.
  • Smith testified he made his charging decisions "without regard" to Trump's political activities, beliefs or 2024 candidacy and repeatedly told senators politics did not affect those decisions.
  • Smith said he "will not be silenced by the continued threats of prosecution" and warned the rule of law faces challenges "unlike any we have experienced in our lifetime."
  • He argued 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 was held at 9 a.m. ET on Tuesday, September 29, 2026 on Capitol Hill and focused in part on the classified documents investigation and the prior use of toll records for some GOP senators.
  • CBS coverage and a CBS video report said Smith "doubled down" in testimony that President Trump committed crimes in the investigations, explicitly including the classified documents case.

📰 Source Timeline (4)

Follow how coverage of this story developed over time

September 29, 2026
4:01 PM
Jack Smith doubles down, testifies that Trump committed crimes
CBS News
New information:
  • On Tuesday, September 29, 2026, CBS reported from the Senate Judiciary Committee hearing that Jack Smith "doubled down" on his prior stance and testified that President Trump committed crimes in the cases he investigated, including the classified documents case.
  • The CBS segment emphasizes that Smith told senators he was not swayed by partisan interests during his investigations, reiterating under questioning that politics did not affect his charging decisions.
  • The article frames the live appearance as focused in part on the classified documents investigation, adding that context explicitly to descriptions of his testimony.
2:33 PM
WATCH: Jack Smith says he would prosecute Trump again for 'serious crimes against our nation'
PBS News by Maria Ramirez Uribe
New information:
  • On Tuesday, September 29, 2026, during his Senate Judiciary Committee hearing, Jack Smith said his investigation developed 'proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation.'
  • Smith testified that he made charging decisions 'without regard' to Trump's political activities, beliefs or 2024 candidacy.
  • He told senators that if asked today whether to prosecute a former president on the same facts, he would do so again 'regardless of whether that president was a Republican or a Democrat.'
  • Smith reiterated that he stands by his prior House testimony and said, 'I will not be silenced by continued threats of prosecution.'
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