WASHINGTON — Jack Smith, who as special counsel twice charged Donald Trump with criminal offenses after his first term, is appearing before members of Congress on Tuesday as Republicans vow to scrutinize his every word for possible prosecution. Republican lawmakers have urged that Smith face charges, claiming his answers about his investigations into Trump were misleading.

Smith defended his actions in his opening statement to the Senate Judiciary Committee, saying Trump engaged in a criminal scheme to overturn the 2020 election and unlawfully retained classified documents after leaving office. “I will not be silenced by the continued threats of prosecution from the president or others,” he said.

The former prosecutor denied there was any political motivation for the cases he brought. “If asked whether to prosecute a former president today, based on the same facts, I would do so regardless of whether that president was a Republican or a Democrat.”

The testimony is Smith’s third appearance before lawmakers — he previously testified before a House committee in late 2025 and early 2026 — and is the latest public clash over the use of prosecutorial power in American politics, and the ways Trump has tried to redirect the Justice Department to target his perceived enemies. Since returning to the White House last year, Trump has declared that he was once hunted but has now become “the hunter.”

Since leaving government, Smith has said the Justice Department has been “corrupted” by Trump loyalists who have wrecked its credibility and sought to undermine the rule of law.

Here’s What to Know:

— Smith’s investigation: The Biden administration tapped Smith, a former prosecutor of federal corruption and international war crimes, in late 2022 to oversee criminal investigations of Trump, who had signaled he intended to mount another run for office. Trump triumphed over the two federal cases by winning reelection in 2024, leading to Smith’s resignation.

— Cases against Trump: In 2023, Smith brought two indictments against Trump. One charged Trump with mishandling classified documents at his Mar-a-Lago home in Florida. The other charged him with a criminal conspiracy to undo the results of the 2020 presidential election, which he lost. Smith insisted that he brought charges because Trump “engaged in criminal activity,” and not because of any political agenda to stop Trump’s resurgence, as the president’s Republican allies have asserted.

— Republican accusations: Republicans have argued that Smith abused his power as a prosecutor for the political benefit of the Biden administration. Attorney General Todd Blanche, in testimony to Congress in July, suggested the department would investigate Smith to determine if he had lied to Congress.

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This article originally appeared in The New York Times.

By Devlin Barrett and Glenn Thrush/Kenny Holston
c. 2026 The New York Times Company