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Former special counsel Jack Smith will appear on Capitol Hill on Wednesday as House lawmakers plan to directly question Smith for the first time about his investigation and prosecution of the president. Donald Trump.
Smith will meet and testify behind closed doors with members of the House Judiciary Committee, during which both sides will interview him in one-hour increments.
His appearance comes as the committee investigates his work as a special counsel, with Republicans widely accusing Smith of being overzealous in going after Trump over the former president’s challenges to the 2020 election results and alleged withholding of classified documents.
Republicans have particularly criticized Smith for seeking a gag order against Trump during the presidential campaign, seeking to expedite court proceedings and subpoenaing phone data from hundreds of individuals and entities aligned with Trump, including members of Congress.
Jack Smith subpoenaed to testify before House Judiciary Committee
Special Counsel Jack Smith speaks to members of the media at the Department of Justice Building on August 1, 2023 in Washington, DC. (Saul Loeb/AFP via Getty Images)
Smith plans to address what he sees as mischaracterizations of his job, including subpoenas, according to people familiar with the matter. Sources said Smith will refuse to answer questions about what he considers grand jury confidentiality rules or Judge Erin Cannon’s seal of approval on certain materials related to the classified documents case.
Another person familiar with the matter told Fox News Digital that House Judiciary Committee Chairman Jim Jordan, R-Ohio, aims to eventually release the full transcript of the testimony, but that could take time because rules on testimony require Republicans and Democrats to agree to release the testimony or the committee to vote on its release. Smith’s team must also be given a chance to review.
Smith has previously told Congress he would be willing to attend public hearings. Still, Jordan subpoenaed him for private testimony. Chairman told Fox News Maria Bartiromo He prefers this format because lawmakers and House lawyers will have more time to question Smith.
Rep. Jim Jordan looks on at a House Judiciary Committee hearing in the Rayburn House Office Building on September 3, 2025 in Washington, DC (Kevin Dickey/Getty Images)
Trump echoed Smith’s preference for public hearings, telling reporters that the former special counsel was a “sick man” and that he would “rather see him testify publicly because he can’t answer questions.” Jordan said he would be open to Smith testifying publicly later.
For years, Jordan has criticized Smith’s work as a “weaponization” of prosecutorial power. When he meets with Smith on Tuesday, one of the topics Jordan plans to bring up is Smith’s subpoenas to Republican senators and House members who had contact with Trump during the Jan. 6, 2021, riots. The summonses were issued as part of the Arctic Frost Initiative, FBI investigation That led Smith to accuse Trump of the 2020 election.
“We want to bring Jack Smith in and ask him all kinds of questions, not the least of which is that he’s going after almost half the smelly Republicans in Congress, getting their phone records, and a bunch of other Americans,” Jordan said.
President Donald Trump at the White House before boarding Marine One on February 28, 2025 in Washington, DC. (Al Drago/Bloomberg via Getty Images)
Targeted lawmakers blasted the subpoenas as disgraceful and a violation of the Constitution’s separation of powers, while Smith defended them as narrow-minded and “completely correct.”
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Smith faced significant obstacles in pursuing the two cases against Trump and ultimately dismissed the charges after Trump won the 2024 election, citing a Justice Department policy that discouraged prosecuting sitting presidents. Trump has denied any wrongdoing and has repeatedly labeled Smith “unhinged” and a “thug” and called for him to be jailed.
Testimony is scheduled to begin at 10 a.m.
