Senate Republicans argue that Jack Smith’s probe was purely political, not criminal

Former special counsel Jack Smith’s testimony before the Senate Judiciary Committee on Tuesday laid bare lingering divides over President Donald Trump’s efforts to challenge the 2020 presidential election and the Biden administration’s investigation of him.On Tuesday morning, Smith appeared voluntarily to discuss those investigations. He brought charges against Trump in two separate investigations, one related to his alleged mishandling of classified materials, and the other linked to his 2020 election challenges and the Jan. 6, 2021, incident at the Capitol. None were prosecuted.
Representatives from each party stuck to their talking points
While the hearing followed the panel’s lengthy review of Smith and the Biden Department of Justice’s inquiries into Trump, it revealed relatively few new details about the matter and largely saw lawmakers stick to their respective parties’ talking points on the issues.
To be sure, Chairman Chuck Grassley, R-Iowa, made a handful of revelations, including about Smith’s securing of communications between the media and government sources. He also highlighted Smith’s subpoena of roughly 5,000 checks from small-donor contributors to Republicans.
But most of the hearing saw Republicans and Democrats alike get emotional to either lionize or demonize Smith, while he largely stuck by his conduct as an investigator and spoke on behalf of his former staffers.
After the hearing, Sen. Marsha Blackburn, R-Tenn., told the “John Solomon Reports” podcast that she believed Smith’s investigation was politically motivated, calling it a “witch hunt.”
“It wasn’t about law and order. It was about political retribution and making people pay, making them suffer, building this file, and it is going to be imperative that Jack Smith be held to account for what he did, because we never ever want this to happen to another American,” she said.
Grassley’s revelations: How Smith spied on the press
During the hearing, Grassley pointed to Smith’s investigative activities and pressed him on the basis for securing certain information.
“[Y]ou obtained at least 4,782 donor checks. Many of those checks were $5 to $10,” Grassley said. “The list includes checks from constituents in every state of every single member of this committee, both Republicans and Democrats. It included 42 checks from Iowans who dared to donate money to Republicans. No matter what you say, there is no legitimate basis for what you did.”
Grassley also unveiled a list of media organizations whose communications with sources Smith obtained. That list included 60 Minutes, Associated Press, Bloomberg, CBS, CNBC, CNN, Fox News, The L.A. Times, The Mark Levin Show, the Media Research Center, NBC, NPR, New York Magazine, Reuters, The Federalist, The Washington Post, The Washington Times, and The Wall Street Journal.
Democrats came out swinging early in the hearing, with ranking member Sen. Dick Durbin, D-Ill., defending Smith and excoriating Republicans over their decision to hold a hearing for Smith to testify only after a year in the majority.
“Republicans have spent months spreading baseless conspiracy theories about Mr. Smith’s investigation,” Durbin said. “Instead of hearing from him directly, nearly a year ago, Mr. Smith volunteered to testify under oath before this committee.”
“Instead, [they] held eight hearings on his supposed wrongdoing, never calling him directly,” he added.
Sen. Kennedy to Smith: “You make me want to throw up”
Sen. John Kennedy, R-La., often known for his boisterous and folksy commentary in Senate hearings, pointedly told Smith that “[y]ou make me want to throw up in my mouth” after Smith insisted he acted in a non-partisan manner.
Kennedy’s line of questioning had addressed the role of Attorney General Merrick Garland in the probe.
Sen. Ted Cruz, R-Texas, also took an opportunity to rage against Smith’s handling of the case, likening his conduct to Javert, the fictional police inspector and main antagonist in Victor Hugo’s 1862 novel “Les Misérables,” famous for his blind devotion to the law and his relentless hunt for Jean Valjean.
“Well, let me say, you have brought the Department of Justice into disrepute, and you have done enormous damage. And I believe your conduct represents the most egregious abuse of power in the history of the Department of Justice,” he added.
Schiff blames the judge for shutting down Smith’s case
Sen. Adam Schiff, D-Calif., for his part, spent much of his time toeing the party line and excoriating U.S. District Judge Aileen Cannon, a Trump-appointed judge, who oversaw Smith’s classified documents case. Cannon ultimately found that Smith had been unlawfully appointed. During the case, she made several publicly scrutinized decisions, including the appointment of a special master.
Rallying to Smith’s defense, Schiff told Smith, “I hope that we can let the country see your work product and see the release of the second volume of your report […] You can’t testify about that today because Judge Cannon doesn’t want you to. Her decisions have just bent over backwards to do service for the president, and because this committee doesn’t want you to, and this Justice Department won’t give you guidance about what you can even say today because they don’t want you to, they want you to have to fear they will come after you if you testify about the volumes of evidence that you have acquired.”
“So thank you for your service to the country, and I’m sorry you have been treated with such shabby ad hominem attacks. You deserve better, and so do the American people,” Schiff concluded.
Cornyn presses Smith on unprecedented nature of the probe
Sen. John Cornyn, R-Texas, primarily dealt with Smith’s appointment and reasons for ending the case. He specifically highlighted the concerns about partisanship that stemmed from the Biden administration investigating an active political opponent.
“Are you aware of whether this has ever happened before in the 250-year history of the United States of America, where an incumbent president, attorney general, appoints a special counsel to investigate his or her political opponent. Has that ever happened before?” he asked.
Smith could not identify a comparable instance. 
Cornyn then pivoted to address the Department of Justice (DOJ) policy on prosecuting a sitting president. Smith highlighted that Trump’s reelection had ended the case.
“[T]he Office of Legal Counsel does not permit the prosecution to go forward given Donald Trump’s re-election. That’s the Department of Policy, a Department policy, and I was committed to following the Department policy at all times,” Smith said.
Despite that claim to follow DOJ policy, yesterday Just the News reported that Smith — contrary to DOJ policy — kept evidence on Trump after the cases were shut down. Normally, DOJ rules require the disposal or return of seized evidence once a criminal case is closed or dismissed, provided the evidence is no longer needed for official purposes. 
Hawley goes for the jugular, refers to Smith’s “comedic talent”
Early in the afternoon, Sen. Josh Hawley, R-Mo., took the most aggressive line of questioning, pressing Smith on his decision to pursue lawmakers’ phone records. But he also outright accused Smith of waging a political investigation intended to stop Trump from returning to the White House.
“Mr. Smith, I have to start by saying I think that maybe I underestimated you. I underestimated, in particular, your comedic talent,” Hawley said. “I’ve been watching this whole hearing. I’ve watched everything you said. I noticed that you began by saying, ‘I have no partisan loyalty,’ and you repeated over and over and over, there’s nothing in your investigation about politics. That’s hilarious.”
Echoing the Republicans’ party line, Hawley said “In fact, your investigation was all about politics from day one. Your investigation, so-called, your prosecution, so-called, was nothing other than an attempt to interfere politically in a presidential election in the United States of America.”
Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.

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