Jack Smith defends Trump prosecutions at contentious Senate hearing

Schmitt’s perjury claim centered on Atlanta Hawks game attendance

Former special counsel Jack Smith defended his handling of two federal investigations into Donald Trump in a wide-ranging Senate judiciary committee hearing on Tuesday that featured personal attacks from Republican lawmakers and pointed questioning from Democrats over the January 6, 2021 attack on the US Capitol.

Smith led two federal cases against Trump in 2023 — one related to efforts to overturn the 2020 election and the other concerning Trump’s handling of classified documents. Both cases were dismissed before going to trial.

The hearing turned combative over a perjury allegation raised by Republican Senator Eric Schmitt of Missouri, who accused Smith of attending an Atlanta Hawks game on February 3, 2024, and insinuated Smith may have met that day with Fani Willis, the former Fulton County district attorney who brought state charges against Trump. Schmitt also called Smith a “dirtbag” during his remarks.

Smith denied ever attending an Atlanta Hawks game, clarifying that he was actually at a University of Iowa Hawkeyes game in Maryland to watch Caitlin Clark play. The exchange drew a rebuke from Democratic Senator Amy Klobuchar of Minnesota, who admonished Schmitt for presenting the claim as evidence and accused him of lying.

“I would just say, for a US senator to have false information, and imply, based on a confusion about the name of a team … that you were in another city, that you were somehow involved, that day, in what was happening in Georgia, and then call you a ‘dirtbag’, is something that deserves an apology,” Klobuchar said.

The Guardian reported that it had asked Schmitt’s office for comment.

Republican Senator John Kennedy of Louisiana grew frustrated later in the hearing after raising allegations — unsupported by public evidence — that former President Joe Biden or his White House staff directed then-Attorney General Merrick Garland to prosecute Trump. Smith said he had no knowledge of conversations between Biden and Garland on the subject.

“Do you believe in the Tooth Fairy?” Kennedy asked Smith. “How about the Easter Bunny?”

“I no longer believe in the Easter Bunny,” Smith replied.

Kennedy later told Smith, “You make me want to throw up in my mouth.”

Republican Senator Ted Cruz of Texas, who grew increasingly angry while discussing Smith’s subpoenas of phone records from members of Congress, told Smith that “Javert from Les Mis would look at you with astonishment.” Cruz insinuated that Smith used his position as special counsel to target Republicans by requesting records from the Republican National Committee and other conservative lawmakers.

Senator Darline Graham, a Republican from South Carolina, used her time to accuse Smith of trying to bully her late brother, former Senator Lindsey Graham, and causing him stress with subpoenas. Smith pushed back on the assertion.

“I believe your brother was a patriotic public servant. He was not a target of our investigation, and in fact he likely would have been a witness in our case,” Smith said, adding that Lindsey Graham did not believe the 2020 election was stolen.

Democrats on the committee used their questioning to focus on the January 6, 2021 attack on the US Capitol, accusing Trump of inciting the violent mob with false claims of election fraud during the 2020 presidential election. Senator Cory Booker of New Jersey called the hearing “a farce.” Booker and Delaware Senator Chris Coons highlighted that the current administration had fired Justice Department staffers who worked on Smith’s team.

In his opening statement, Smith said his team had compiled enough evidence to prosecute the president and that he had maintained a nonpartisan approach. “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,” Smith said.

Republicans have previously accused Smith of bringing the investigations to undermine Trump and of targeting Republicans through the phone-records subpoenas. Smith has maintained the subpoenas were necessary to collect evidence that Trump called members of Congress to try to delay the certification of the 2020 presidential election.

The exchange between Schmitt and Smith became a highlight of the hearing on social media, according to the Guardian’s reporting.