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EXCLUSIVE Former Special Counsel Jack Smith has made a significant move, requesting the opportunity to testify in open hearings before the House and Senate Judiciary Committees, as confirmed by Fox News Digital.
Fox News Digital has exclusively obtained a letter from Smith’s attorneys, Lanny Breuer and Peter Koski, which they sent to House Judiciary Committee Chairman Jim Jordan and Senate Judiciary Committee Chairman Chuck Grassley. This correspondence comes after both panels showed interest in hearing from the former special counsel.
Smith Responds to Concerns Over Investigation
In their letter, the attorneys expressed concerns over the numerous mischaracterizations surrounding Mr. Smith’s investigation into President Trump’s alleged mishandling of classified documents and the efforts to overturn the 2020 election results. They stated, “Given the many mischaracterizations of Mr. Smith’s investigation into President Trump’s alleged mishandling of classified documents and role in attempting to overturn the results of the 2020 election, Mr. Smith respectfully requests the opportunity to testify in open hearings before the House and Senate Judiciary Committees.”
Smith’s team emphasizes that throughout the investigation, he adhered to established legal standards and Department of Justice policies, reflecting his dedication as a public servant. They noted, “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.”
Moreover, they indicated that while Mr. Smith is prepared to answer questions regarding the Special Counsel’s investigation and prosecution, he requires assurances from the Department of Justice that he will not face repercussions for his testimony. They wrote, “To that end, Mr. Smith needs guidance from the Department of Justice regarding federal grand jury secrecy requirements and authorization on the matters he may speak to regarding, among other things, Volume II of the Final Report of the Special Counsel, which is not publicly available.”
The letter also emphasized that in order to provide accurate answers during the hearings, Mr. Smith needs access to the Special Counsel files, which he currently cannot access.
Smith’s Availability for Testimony
Mr. Smith’s attorneys expressed that with the necessary guidance and access, he is willing to testify as soon as possible at the convenience of the committees. They stated, “With the guidance and access described above, Mr. Smith is available to testify in an open hearing at your earliest convenience.”
Sources familiar with the matter have indicated that Smith’s legal team is preparing to seek official guidance from the Department of Justice shortly.
This letter comes after requests from Jim Jordan, R-Ohio, who asked Smith to participate in a closed-door transcribed interview and provide all documentation related to his work involving President Trump.
Additionally, it follows the demand from Chuck Grassley, R-Iowa, along with nearly two dozen Senate Republicans, urging the Department of Justice and the FBI to release documents related to Smith’s decision to subpoena telecom companies for the phone records of several Senate Republicans during his investigation into the events of January 6, 2021.
Details of the Investigation into GOP Senators
Earlier in October, Fox News Digital reported that Smith tracked the private communications and phone calls of notable GOP Senators including Lindsey Graham from South Carolina, Marsha Blackburn from Tennessee, Ron Johnson from Wisconsin, Josh Hawley from Missouri, Cynthia Lummis from Wyoming, Bill Hagerty from Tennessee, Dan Sullivan from Alaska, Tommy Tuberville from Alabama, and GOP Representative Mike Kelly from Pennsylvania as part of his broader investigation, dubbed “Arctic Frost.”
An official noted that the records were obtained in 2023 by Smith’s team after issuing subpoenas to major telecommunications providers. According to an FBI source, this allowed Smith’s team to analyze which numbers were dialed, the locations from which calls originated, and the locations where they were received.
A separate source suggested that the calls in question likely pertained to the vote certifying the results of the 2020 election.
Despite the potential controversy surrounding his actions, Smith described the decision to subpoena several Republican lawmakers’ phone records as “entirely proper” and consistent with Justice Department protocols. His lawyers noted, “As described by various Senators, the toll data collection was narrowly tailored and limited to the four days from January 4, 2021, to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol.”
Recent Developments in the Investigation
Smith was appointed as Special Counsel by Attorney General Merrick Garland in November of 2022. Following months of investigation, he charged President Donald Trump in the U.S. District Court for Washington, D.C., concerning the 2020 election case. However, after Trump assumed the presidency, Smith sought to dismiss the case, a request that Judge Tanya Chutkan approved.
The handling of Smith’s investigation has raised questions regarding costs, with estimates indicating that taxpayers incurred more than $50 million due to the proceedings associated with the case.
Fox News’ Ashley Oliver contributed to this report.